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ArbitrationBavarian 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 […]
ArbitrationBombay 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 […]
Arbitration Recognition of foreign decisionsSuspicion of control by sanctioned entities is not enough to avoid payment under coal supply contract – says ICC Tribunal – Moscow Arbitrage court grants enforcement
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 […]
Arbitration Recognition of foreign decisionsClash 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 […]
- Arbitration Recognition of foreign decisions
Russian Federation vs. Wintershall (almost) reloaded
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 […]
ArbitrationEffects of ICC award nullified by contradicting Russian Lugovoy Law judgement
In its judgment of 27 April 2026, the Arbitrazh Court of the Murmansk Region (case no. A42-2551/2025) ordered T. AG (Germany) and AS L. (Latvia) to jointly compensate damages of EUR 8.8 million to ООО “MTP Lavna”. The court held that the defendants’ refusal to return advance payments—based on EU sanctions—constituted a tortious act under […]
- 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 […]
