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Arbitration Recognition of foreign decisionsPing-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 […]
Recognition of foreign decisions ArbitrationRussian courts’ new approach to reciprocity: Post-sanctions compliance
The Moscow District Arbitrazh Court refused to recognize decisions from US courts, stating a lack of evidence of reciprocity under international principles. Decisions made before February 28, 2022, were considered irrelevant in the ruling (case No. A40-242631/2022, dated 24 July 2023)
ArbitrationNo means to overturn legal mistakes of an Arbitral Tribunal
On December 21, 2023, the German Federal Court of Justice (Bundesgerichtshof, BGH) – in overturning a decision by the Cologne Higher Regional Court (Oberlandesgericht, OLG Köln) – clarified the standards for the recognition and enforcement of foreign arbitral awards in Germany, emphasizing the principle that limits the scope of review by German courts to the […]
Arbitration Maritime IndustryThe ongoing legal saga: Court bans Finland’s Wartsila from suing a Russian plant abroad
A court in St. Petersburg has forbidden the Finnish company, Wartsila, from pursuing or continuing arbitration proceedings abroad against a Russian plant. This decision follows the court’s earlier rejection of Baltic Plant’s €7.6 million claim against Wartsila for non-compliance with six independent guarantees.
Arbitration Recognition of foreign decisionsRussian arbitral awards are still being recognised in Uzbekistan despite Western sanctions
The Supreme Court of Uzbekistan ruled on the recognition and enforcement of a Russian arbitral award in the context of US sanctions.
- Arbitration Recognition of foreign decisions
What are the chances of a foreign claimant to succeed in a Russian court?
Photo published on Vecteezy Recently, during the 12th Asia Pacific International Legal Forum, the Chairman of the Supreme Court of the Russian Federation Vyacheslav Lebedev reported that the total number of economic disputes involving foreign parties has increased by 60%, to 10.6 thousand in the first half of 2023. Whereas 93% of disputes were resolved […]
ArbitrationExtension of arbitration clauses to third parties
The extension of arbitration clauses to third parties, especially parent or affiliated companies, is a kind of “french speciality”. Since the “dow chemical” decision in 1982 which is often quoted to have established a “group of companies” approach in arbitration, there are a number of decisions that extended arbitration clauses to non-signatories of the arbitration […]
