Darla Hueske via Unsplash Introduction On July 26. 2024, another judgment of the Supreme Court of the Russian Federation (Case А45-19015/2023, judgment No. 304-ЭС24-2799) made headlines regarding a legal dispute between a German claimant and Russian defendant. The underlying legal dispute was preceded by an arbitration award by an arbitration tribunal in London applying the FOSFA […]
Jevgenia Tarassova
Ping-Pong decisions on jurisdiction – to arbitrate or not to arbitrate, that is the question
This article is the second part of the discussion of the judgement of the Higher Regional Court of Berlin no. 12 SchH 5/22 and aims to examine the phenomenon that courts in different jurisdictions (in this case, in Russia and in Germany) determine the competence to decide a dispute in exactly opposite ways: The Russian […]
Is it still possible to serve documents in Russia under the Hague Convention or can the German court go straight to public service?
Overview In a legal dispute between a German claimant and a Russian respondent, the Berlin Higher Regional Court (Kammergericht) dealt with the question of the admissibility of arbitration proceedings based on a dispute over the fulfilment of contractual obligations. In its landmark decision (dated 1 June 2023, case no 12 SchH 5/22), the Berlin Higher […]