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Art. 31 CMR, German Jurisdiction and Lithuanian Law: When Forum Selection Fails but Choice-of-Law Prevails
The recent judgment of the District Court Groß-Gerau offers an instructive illustration of the complex internaction between the Convention on the Contract for the International Carriage of Goods by Road (CMR), the Brussels I Regulation and the Rome I Regulation in cross-border transport disputes. I. Introduction Cross-border road transport disputes within the EU frequently raise […]
- Schiedsgerichtsbarkeit
ICC award set aside: Serious Irregularity and Missed Issues – Indus Powertech Inc v Echjay Industries Pvt Ltd [2026] EWHC 827 (Comm)
1. Introduction The decision in Indus Powertech Inc v Echjay Industries Private Limited [2026] EWHC 827 (Comm) addresses a challenge to an ICC arbitral award under section 68 of the Arbitration Act 1996. While reaffirming the high threshold and pro‑arbitration approach of the English courts, the judgment is an important illustration of how the English […]
- Arbitration
Sanctions vs. Enforcement: Limits and Lessons from the Swiss Federal Tribunal
This decision provides essential guidance on the interaction between sanctions law and private enforcement mechanisms in Switzerland.For this, the Federal Tribunal establishes three key principles: This judgment is highly significant, as it forms part of a body of international case law recognizing the relevant claim in itself, although payment of that claim is not currently […]
- Uncategorized
Judicial Review of EU Sanctions Before the General Court: Alfa-Bank v Council (Case T-898/25)
I. Introduction Judicial review of European Union sanctions has become a recurring feature of EU litigation since the expansion of restrictive measures following Russia’s invasion of Ukraine in 2022. Numerous individuals, companies, and financial institutions have sought annulment of EU listings before the General Court of the European Union, challenging both the factual basis and […]
- Arbitration Investment Arbitration Recognition of foreign decisions
Wintershall Dea – Round 3: The Moscow – Dubai Arbitration Clash – the Russian Federation is in contempt of court
The Wintershall Dea Saga is continuing and in its “third round” now. This time, the geographical scope is further expanded, and old problems are addressed with a renewed strategy. We have already covered the development that Russian courts have awarded claims of more than EUR 7.5bn against counsel, arbitrators and Wintershall Dea itself (read more […]
- Recognition of foreign decisions Arbitration
Piercing the Corporate Veil: Siemens AG and its Russian subsidiary held subsidiarily liable for debts of Russian Spin-Off in Landmark Judgment by Russian Court
The St. Petersburg Arbitrazh Court has held Siemens AG and its former Russian subsidiary subsidiarily liable for the debts of OOO (Russian LLC equivalent) “Neftegaz i Energetika”, marking a landmark insolvency judgment amid sanctions and contested restructuring. © unsplash, Sasun Bughdaryan I. Introduction On 21 August 2025, the Arbitrazh Court of Saint Petersburg and Leningrad […]
- Arbitration Recognition of foreign decisions
Arbitrators and Counsel face € 7.5 bn fine by Russian Court in case of continuation of arbitration proceedings
On 9 September 2025, the Moscow Arbitration Court published its full decision on the application for an injunction prohibiting any continuation or maintenance of the arbitration proceedings in relation to Wintershall Dea. This will be examined in more detail below. I. Introduction On 9 September 2025, the Moscow Arbitrazh Court published its full decision on […]
