German case law on the right to be heard in arbitral proceedings and „Curia novit Ius“

Von: Heyo Eyiah, Anna Kopylova The right to beard in court is an important procedural principle (guaranteed by the principle of fair trial and laid down in Art. 103(1) of the German Constitution). An alleged violation of the right to be heard in court is probably the most frequent ground for challenging arbitral awards in […]

Enforcement of English Judgments in Russia II: Service Abroad

In the previous article, we have talked about enforcement of English Judgements in Russia on the basis of recipocity. While in essence, an English court judgment can and should be recognised in Russia with relative ease, it is essential to pay attention to a proper service of process abroad under the Hague Convention. Background of […]

Enforcement of English Judgments in Russia: Reciprocity

Unlike the New York Convention 1958, which provides a straightforward procedure for enforcement of arbitration awards in another signatory state, there is no single unifying international treaty or convention when it comes to court judgements. Enforcement of foreign judgments is often covered by bilateral or multilateral treaties which vary from country to country. However many […]

Arrest of a Russian vessel with 180 tons radioactive uranium on board

A remarkable case both from the factual background as well as from the legal perspective commented on by the Russian Maritime Association RUMLA.ORG (Ruling of the Arbitrazh Court of the Primorsky Region as of 25.11.2020, A51-18495/2020). Factual Background In November 2020, the mv Vasily Shukshin carrying 180 tons of enriched uranium was ruturning to Russia […]

German Supreme Court has its own „Enka v. Chubb“: How Germany and the UK determine the law governing the arbitration agreement

In most cases, the question which law applies to the arbitration agreement is rather academic, but in some rare cases, this question can decide about the validity of the arbitration clause or even the extension to non-signatories. After the UK Supreme Court decided on the famous „Enka v. Chubb“ matter, the German Supreme Court now […]

Lucid Sports vs. FC Dynamo Moscow: CAS award to recover €350,000 denied enforcement in Russia

In 2018 FC Dynamo Moscow confirmed the hire of Ghanian central midfielder Adbul Tetteh as part of ca.€1.2m move from Polish Ekstraklasa side Lech Poznan. The transer was confirmed, but the club failed to pay. Known for its recent financial struggles, the FC also failed to pay €350,000 to the English Lucid Sports Group Ltd for […]

Enforcement: Claimant won’t get the $58 million awarded due to a computation error

A mistake in the award is disappointing. Whether it is an error of law or an error in computation. If such errors are ignored then they can lead to a change in the meaning of the ruling and can stir trouble during enforcement. An error in the calculation is all the more disappointing when $90 […]

Mehr anzeigen