Introduction On August 28, 2024, the Arbitrazh Court of Primorsky Kray in Russia issued a notable ruling in Case А51-7534/2024. The dispute involved a Russian plaintiff and an Irish defendant concerning the modification of a bareboat charter agreement for a vessel, as well as the recognition of ownership rights over that vessel. Background facts The […]
Category: Recognition of foreign judgments
EU General Court confirms prohibition of rendering legal services to Russian legal entities and gives guidance regarding the exceptions
On October 2, 2024, the General Court of the European Union (Grand Chamber) delivered a significant ruling in Case T-797/22. The claim was filed by the Ordre néerlandais des avocats du barreau de Bruxelles (Belgium) and other applicants, supported by the Bundesrechtsanwaltskammer (Germany) and Ordre des avocats de Genève (Switzerland). The applicants challenged the legal […]
Another case of “jurisdictional ping-pong” aka Russian Court Decision denies – again – recognition and enforcement of arbitral award
Mike Ackerman via Unsplash In another case of “jurisdictional ping-pong” (see other cases discussed by us here and here), the Arbitrazh Court of the Sverdlovsk Region rendered a judgment on 16 August 2024 (case no. A60-24839/2024) in a legal dispute between a Polish claimant and a Russian defendant regarding the recognition and enforcement of an […]
ECJ Decides Notaries’ Impartial Role Does Not Breach EU Sanctions on Russia
The European Court of Justice (ECJ) recently issued a judgment in Case C-109/23, which addresses the legal question of whether a German notary’s role in authenticating the sale of immovable property owned by a Russian legal entity violates the EU’s restrictive measures concerning Russia. Specifically, this case revolves around Article 5n(2) of Council Regulation (EU) […]
Arbitral award not recognised because arbitrators came from “unfriendly countries”
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 […]
No enforcement against frozen property without prior
The Federal Court of Justice (BGH) decided on January 25, 2024, under case number IX ZR 19/22, that without authorization from the German Federal Bank, frozen funds and economic resources cannot be seized under Regulation (EU) 2016/44. The case involved G. GmbH, which secured an arbitration award against the Libyan state fund L., entitling it […]
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 […]