Category: Arbitration

AIFC Court at a crossroads: Naftogaz v Gazprom, Posco v National Centre, and the limits of recognition jurisdiction

In our earlier analysis, “Clash of jurisdictions – AIFC Court recognises an ICC award despite opposing Russian anti-arbitration injunction”, we discussed the AIFC Court’s 15 May 2026 decision in National Joint Stock Company “Naftogaz of Ukraine” JSC v Gazprom PJSC, Case No. AIFC-C/CFI/2026/0002. The case was remarkable not only because of the size of the […]

Bavarian Highest Regional Court: No Arbitration Agreement Established Where Bilingual Contract Versions Diverge

BayObLG, order of 16 June 2026 – 101 Sch 171/25 e In an order of 16 June 2026, the Bavarian Highest Regional Court (Bayerisches Oberstes Landesgericht, BayObLG) held that a dispute between two German companies was not subject to arbitration, despite an arbitral tribunal’s prior interim decision affirming its own jurisdiction. The Court found that […]

Bombay High Court Refuses Interim Measures Based On Lugovoy Judgement

Background and Procedural Posture On 8 June 2026, the High Court of Bombay (Ordinary Original Civil Jurisdiction, Commercial Division) decided Interim Application No. 569 of 2026 in Commercial Suit No. 6 of 2026 between Limited Liability Company “EuroChem North‑West‑2” (Russia) and Tecnimont S.p.A. (Italy). EuroChem relies on a judgment of the Moscow Commercial Court dated 5 December […]

Suspicion of control by sanctioned entities is not enough to avoid payment under coal supply contract says ICC Tribunal Moscow Arbitrage court grants enforcement

Russia Enforces ICC Arbitral Award Despite Sanctions Objections

Introduction On 15 May 2026, the Moscow Arbitrazh Court rendered a decision in case No. А40-332538/25-68-2153, granting enforcement of an arbitral award rendered on 18 September 2025 by a Tribunal under the auspices of the International Court of Arbitration of the International Chamber of Commerce (ICC) in Paris (Case No. 27933/ELU). The decision addresses the enforcement of […]

Clash of jurisdictions AIFC Court recognises an ICC award despite opposing Russian anti-arbitration injunction

Will Kazakhstan side with the New York Convention or recognise a Lugovoy judgement? On 15 May 2026, the Court of First Instance of the Astana International Financial Centre (“AIFC Court”) issued a judgment recognising and enforcing a USD 1.37 billion ICC arbitral award obtained by Naftogaz against Gazprom. The award itself had been rendered in […]

Enforcement against Russian Assets on Spitsbergen: The Yukos Capital v. Russian Federation Decision of Nord‑Troms og Senja District Court

I. Introduction On 20 December 2024, the Nord‑Troms og Senja District Court in Norway rendered a decision on the enforcement of a foreign arbitral award against assets of the Russian Federation located on Svalbard (Spitsbergen) (case no. 24‑163368TVA‑TNTS/TTRM). The case concerns Yukos Capital Limited’s attempt to secure and enforce a multi‑billion‑dollar UNCITRAL arbitration award arising […]

Russian Federation vs. Wintershall (almost) reloaded

Anti Arbitration injunction against Austrian claimant granted, but injunctions against arbitrators withdrawn.

On 3 April 2026, the Arbitrazh Court of the Kaluga Region issued an anti-arbitration injunction in case No. A23-9385/2025 involving JSC “Kaluga Plant Remputmash” (“RPM”) and Austrian manufacturer L. Maschinenfabrik GmbH. In application of the notorious “Lugovoy-Law” (art. 248.1 and 248.2 of the APC), the court prohibited the Austrian company from continuing or supporting arbitration […]

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