Author: Alexander Shmagin

BGH confirms: An application for confirmation of the scope of an arbitral clause can be filed even if proceedings on the merits are already pending in a state court: BGH, 6 November 2025, I ZB 33/25

Case Summary and Background The dispute decided by BGH on 6 November 2025 (case ref: I ZB 33/25) arose from a complex international supply relationship involving ship engines. In 2007, a German manufacturer sold four ship engines to an Australian company, I. Ltd., which installed them in the vessel “E.”. Over time, the ship changed […]

Indirect Transactions Involving Frozen Assets under Regulation (EU) No 269/2014

Comment on General Court judgment in Case T-102/23 Introduction In a noteworthy judgment, the General Court (First Chamber) addressed the issue of indirect transactions involving frozen assets under Regulation (EU) No 269/2014 (OJ 2022, L 193, p. 133). The case (T-102/23) provides important guidance on the scope of the prohibition on disposal and the concept […]

Is there a successful path for enforcement of an arbitral award in Russia?

In one of our recent articles (see here), we discussed a case in which the Russian commercial court refused to recognise an arbitral award because it was requested by a foreign company from a so-called unfriendly country without a domestic bank account. Enforcement would result in a violation of the provisional public order. Now, the […]