Just a few days ago, we published a post with an optimistic outlook on Russian court practice in respect of recognition and enforcement of foreign arbitral awards in Russia. I called this the light at the end of the tunnel out of Russian court’s rather hostile attitude towards arbitration. Now the Arbitrage Court of the […]
Category: Arbitration
Russian courts become Arbitration friendly: SCAI Award enforced with encouraging reasoning
The jurisprudence of Russian courts on recognition and enforceability of foreign arbitral awards in 2020 is still not homogeneous and the risk of surprising decisions remains. However, the number of decisions in which recognition and enfocement are refused on the grounds of ordre public violations is declining. One of the reasons for this positive development is the […]
Russia: New law protects sanctioned citizens from foreign proceedings
In June 2020, the federal law No. 171-FZ came into force. The main rational of this law is to grant exclusive jurisdiction to the Russian state commercial courts (arbitrazh courts) over disputes involving a Russian party (or its foreign subsidiary) who has been sanctioned by a foreign state regardless of existing arbitration or jurisdiction agreement. […]
Russia: Courts Uphold ICC Arbitration Clause
Arbitrazh Court of Moscow seizes opportunity to apply arbitration-friendly approach to an ICC-arbitration clause Background of the case (Case No. А40-156056/2019) Codest Engineering S.R.L. (Codest) is an Italian construction company with substantial operations in Russia. It played a part in the construction of the VTB-Arena-Central Stadium “Dinamo” in Moscow. In 2016, Codest as a primary […]
English Court Commented on Law Applicable to Arbitration Agreement in Case
On 29 April the English Court of Appeal in its decision on Enka v Chubb [2020] EWCA Civ 574 establishes a new approach to the problem of the law applicable to the arbitration agreement in the situation when the law chosen by the parties to govern the wider contract differs from the law of the […]
Whether a shipper can be dragged into arbitration by another shipper on the same vessel
OLG Hamburg (6th Civil Senate), Order of 12 August 2019 - 6 Sch 2/19
The Higher Regional Court of Hamburg (OLG Hamburg) ruled whether a shipper is a “protected party” under the arbitration agreement concluded between the carrier and another shipper. Other than in the order of the same court of 23 May 2019 (6 Sch 1/19 – see here: https://kdb.legal/en/a-third-party-may-rely-on-an-arbitration-clause-contained-in-a-contract-with-protective-effect-for-that-third-party/ the OLG ruled that the packaging obligations in […]
A third party may rely on an arbitration clause contained in a contract with protective effect for that third party
OLG Hamburg (6th Civil Senate), Order of 23 May 2019 - 6 Sch 1/19
In a (yet unpublished) decision of 23 May 2019, the Higher Regional Court of Hamburg established the criteria, when a third-party can rely on arbitration clauses. By this decision, the Higher Regional Court extended the third-party-effect of arbitration clauses not only to beneficiaries (“Vertrag zu Gunsten Dritter”) but as well to third-parties who are just […]