Recognition and enforcement of state court decisions between Germany and Russia Recognition and enforcement of foreign judgements in Russia has been at the center of my professional interest for a long time now. The traditional approach under Russian law was that foreign court decisions were only recognised if there was a bi- or multilateral treaty. […]
Autor: Axel Boës
Even an arbitration clause in favour of a seat in a ‘friendly’ country can be overturned by Russian courts.
Introduction On August 28, 2024, the Arbitrazh Court of Primorsky Kray in Russia issued a notable ruling in Case А51-7534/2024. The dispute involved a Russian plaintiff and an Irish defendant concerning the modification of a bareboat charter agreement for a vessel, as well as the recognition of ownership rights over that vessel. Background facts The […]
EU General Court confirms prohibition of rendering legal services to Russian legal entities and gives guidance regarding the exceptions
On October 2, 2024, the General Court of the European Union (Grand Chamber) delivered a significant ruling in Case T-797/22. The claim was filed by the Ordre néerlandais des avocats du barreau de Bruxelles (Belgium) and other applicants, supported by the Bundesrechtsanwaltskammer (Germany) and Ordre des avocats de Genève (Switzerland). The applicants challenged the legal […]
No enforcement against frozen property without prior
The Federal Court of Justice (BGH) decided on January 25, 2024, under case number IX ZR 19/22, that without authorization from the German Federal Bank, frozen funds and economic resources cannot be seized under Regulation (EU) 2016/44. The case involved G. GmbH, which secured an arbitration award against the Libyan state fund L., entitling it […]
KDB.legal teamed up with Lexology – Getting the deal through and published the German chapter of the Shipping report
We are happy to share that KDB.legal teamed up with Lexology Getting The Deal Through and prepared the German chapter of the Shipping Report. So, if you are researching any question regarding 𝐒𝐡𝐢𝐩𝐛𝐮𝐢𝐥𝐝𝐢𝐧𝐠 𝐂𝐨𝐧𝐭𝐫𝐚𝐜𝐭𝐬𝐒𝐡𝐢𝐩 𝐫𝐞𝐠𝐢𝐬𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐚𝐧𝐝 𝐦𝐨𝐫𝐭𝐠𝐚𝐠𝐞𝐬𝐋𝐢𝐦𝐢𝐭𝐚𝐭𝐢𝐨𝐧 𝐨𝐟 𝐋𝐢𝐚𝐛𝐢𝐥𝐢𝐭𝐲𝐏𝐨𝐫𝐭 𝐒𝐭𝐚𝐭𝐞 𝐂𝐨𝐧𝐭𝐫𝐨𝐥𝐂𝐥𝐚𝐬𝐬𝐢𝐟𝐢𝐜𝐚𝐭𝐢𝐨𝐧 𝐒𝐨𝐜𝐢𝐞𝐭𝐢𝐞𝐬𝐂𝐨𝐥𝐥𝐢𝐬𝐢𝐨𝐧, 𝐒𝐚𝐥𝐯𝐚𝐠𝐞, 𝐖𝐫𝐞𝐜𝐤 𝐑𝐞𝐦𝐨𝐯𝐚𝐥 𝐚𝐧𝐝 𝐏𝐨𝐥𝐥𝐮𝐭𝐢𝐨𝐧𝐒𝐡𝐢𝐩 𝐀𝐫𝐫𝐞𝐬𝐭𝐉𝐮𝐝𝐢𝐜𝐢𝐚𝐥 𝐒𝐚𝐥𝐞 𝐨𝐟 𝐆𝐨𝐨𝐝𝐬𝐂𝐚𝐫𝐫𝐢𝐚𝐠𝐞 𝐨𝐟 𝐆𝐨𝐨𝐝𝐬 𝐛𝐲 𝐒𝐞𝐚 […]
No protection for trademarks in Russia
On 2 March 2022, the Arbitrazh Court of the Kirov Region rendered a judgement which will potentially make a little piglet which is rather popular among 3-6 year olds famous with IP lawyers. The original of the judgement can be found here, a translation into English is provided below. The story is simple: The holder […]
Extension of arbitration clauses to third parties
French and Russian courts extend arbitration clauses to parent companies
The extension of arbitration clauses to third parties, especially parent or affiliated companies, is a kind of „french speciality“. Since the „dow chemical“ decision in 1982 which is often quoted to have established a „group of companies“ approach in arbitration, there are a number of decisions that extended arbitration clauses to non-signatories of the arbitration […]