Category: 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 […]

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 […]

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 […]

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 […]

Russian 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. EU and US sanctions against Russia are not an obstacle to the recognition and enforcement of arbitral awards issued by Russian courts – a case from Uzbekistan. In Case No. 4-10-2225/540, JSC “Uzbekneftegaz” […]

Are Russians now banned from bringing cars and smartphones to the EU?

On the 8th of September the European Commission posted an update to the “frequently asked questions “(FAQs) on the rules for applying sanctions against Russia. (Commission Consolidated FAQs on the implementation of Council Regulation No 833/2014 and Council Regulation No 269/2014, D. Trade and Customs, 5. Import, Purchase and Transfer of Listed Goods, 13; p.169). The […]