No enforcement against frozen property without prior authorisation

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 ๐’๐ก๐ข๐ฉ๐›๐ฎ๐ข๐ฅ๐๐ข๐ง๐  ๐‚๐จ๐ง๐ญ๐ซ๐š๐œ๐ญ๐ฌ๐’๐ก๐ข๐ฉ ๐ซ๐ž๐ ๐ข๐ฌ๐ญ๐ซ๐š๐ญ๐ข๐จ๐ง ๐š๐ง๐ ๐ฆ๐จ๐ซ๐ญ๐ ๐š๐ ๐ž๐ฌ๐‹๐ข๐ฆ๐ข๐ญ๐š๐ญ๐ข๐จ๐ง ๐จ๐Ÿ ๐‹๐ข๐š๐›๐ข๐ฅ๐ข๐ญ๐ฒ๐๐จ๐ซ๐ญ ๐’๐ญ๐š๐ญ๐ž ๐‚๐จ๐ง๐ญ๐ซ๐จ๐ฅ๐‚๐ฅ๐š๐ฌ๐ฌ๐ข๐Ÿ๐ข๐œ๐š๐ญ๐ข๐จ๐ง ๐’๐จ๐œ๐ข๐ž๐ญ๐ข๐ž๐ฌ๐‚๐จ๐ฅ๐ฅ๐ข๐ฌ๐ข๐จ๐ง, ๐’๐š๐ฅ๐ฏ๐š๐ ๐ž, ๐–๐ซ๐ž๐œ๐ค ๐‘๐ž๐ฆ๐จ๐ฏ๐š๐ฅ ๐š๐ง๐ ๐๐จ๐ฅ๐ฅ๐ฎ๐ญ๐ข๐จ๐ง๐’๐ก๐ข๐ฉ ๐€๐ซ๐ซ๐ž๐ฌ๐ญ๐‰๐ฎ๐๐ข๐œ๐ข๐š๐ฅ ๐’๐š๐ฅ๐ž ๐จ๐Ÿ ๐†๐จ๐จ๐๐ฌ๐‚๐š๐ซ๐ซ๐ข๐š๐ ๐ž ๐จ๐Ÿ ๐†๐จ๐จ๐๐ฌ ๐›๐ฒ ๐’๐ž๐š […]

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 […]

Fraud via GAFTA-Arbitration

a brief case study

Internet fraud is a very common and presumably profitable business. We have come across a number of schemes over the years, the most common one being the interception of communication and the exchange of payment details in invoices, so that the payment is diverted to a third party who then cannot be traced. Recently, we […]

Moscow Arbitrazh Court recognised and enforced Belgian state court decision.

With a judgement of 14.12.2020 (court case number A40-111764/20) the Arbitrazh Court of Moscow recognised and declared enforceable a decision of an Antwerp court. The Moscow Arbitrazh Court referred to Art. 15 para 4 of the Russian Constitution according to which the recognised principles and norms of international law are an integral part of the […]

Russian Cassation Court of North-Western Region orders first instance court to undertake a rรฉvision au fond

Just a few days ago, we published a post with an optimistic outlook on Russian court practice in respect of recognition and enforcement of foreign arbitral awards in Russia. I called this the light at the end of the tunnel out of Russian court’s rather hostile attitude towards arbitration. Now the Arbitrage Court of the […]

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