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The EU General Court confirms: The Council must adhere to strict reasoning standards for the sanctioning of associated persons.

@Mister Pittinger – pixabay On 20 March 2024 the first Chamber of the EU General Court once again had to decide on behalf of a person sanctioned due to their association and immediate familiar ties to a Russian businessperson. This time Nikita Mazepin (the Claimant) brought an action of annulment under Art. 263 TFEU before […]

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 […]

The 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. Background facts The guarantees were related to a contract with the Russian […]

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” […]

German Federal Court of Justice: Principal carrier bears no unlimited liability if the sub-carrier fails to comply with additional security measures not imposed by the sender

BGH, Urteil vom 13. Oktober 2022 – I ZR 151/21 In a recent decision, the German federal court of justice (BGH) addressed the issue of whether the principal carrier can be held fully liable without limitation to the sender under Article 29 CMR when the breach of duty is committed by the sub-carrier concerning obligations […]

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