Arbitration Recognition of foreign judgments Sanctions

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 […]

Arbitration Recognition of foreign judgments Sanctions

No enforcement against frozen property without prior authorisation

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 […]

Arbitration Recognition of foreign judgments Sanctions

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 […]

Arbitration Recognition of foreign judgments Sanctions

Russian 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) The court cited Government Decree No. 430-r of March 5, 2022, which listed “unfriendly […]

Recognition of foreign judgments Sanctions

Is it still possible to serve documents in Russia under the Hague Convention or can the German court go straight to public service?

Overview In a legal dispute between a German claimant and a Russian respondent, the Berlin Higher Regional Court (Kammergericht) dealt with the question of the admissibility of arbitration proceedings based on a dispute over the fulfilment of contractual obligations. In its landmark decision (dated 1 June 2023, case no 12 SchH 5/22), the Berlin Higher […]

Sanctions

A Russian person can only bring a dispute before a Russian court if it has proof of the existence of sanctions against it

Photo by Linus Mimietz on Unsplash Case: №А55-24707/2022 Background facts LLC  “European Biological Technologies” filed a claim with the Arbitrazh Court of the Samara region to recover from the company “Cabinplant A/S” the amount of unjust enrichment in the form of advance payment for the undelivered goods under the contract dated 12.09.2013 №92/SMB13 in the […]

Sanctions

Russian Supreme Court rules that money blocked by OFAC in the US is not lost, if an application to unblock the funds has not been filed

The ruling of the Supreme Court of the Russian Federation № 305-ЭС23-11869 dated 20.11.2023 Case  № А40-179021/2022 The Supreme Court of the Russian Federation made a ruling in case No. A40-179021/2022 on the suit of OOO “IS TEX” to JSC “Moscow Industrial Bank”(hereinafter abbreviated as MInBank”) on funds recovery in connection with the cassation appeal […]

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