Unlike the New York Convention 1958, which provides a straightforward procedure for enforcement of arbitration awards in another signatory state, there is no single unifying international treaty or convention when it comes to court judgements. Enforcement of foreign judgments is often covered by bilateral or multilateral treaties which vary from country to country. However many […]
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Moscow Arbitrazh Court recognised and enforced Belgian state court decision.
With a judgement of 14.12.2020 (court case number A40-111764/20) the Arbitrazh Court of Moscow recognised and declared enforceable a decision of an Antwerp court. The Moscow Arbitrazh Court referred to Art. 15 para 4 of the Russian Constitution according to which the recognised principles and norms of international law are an integral part of the […]
Arrest of a Russian vessel with 180 tons radioactive uranium on board
A remarkable case both from the factual background as well as from the legal perspective commented on by the Russian Maritime Association RUMLA.ORG (Ruling of the Arbitrazh Court of the Primorsky Region as of 25.11.2020, A51-18495/2020). Factual Background In November 2020, the mv Vasily Shukshin carrying 180 tons of enriched uranium was ruturning to Russia […]
German Supreme Court has its own “Enka v. Chubb”: How Germany and the UK determine the law governing the arbitration agreement
In most cases, the question which law applies to the arbitration agreement is rather academic, but in some rare cases, this question can decide about the validity of the arbitration clause or even the extension to non-signatories. After the UK Supreme Court decided on the famous “Enka v. Chubb” matter, the German Supreme Court now […]
Lucid Sports vs. FC Dynamo Moscow: CAS award to recover €350,000 denied enforcement in Russia
In 2018 FC Dynamo Moscow confirmed the hire of Ghanian central midfielder Adbul Tetteh as part of ca.€1.2m move from Polish Ekstraklasa side Lech Poznan. The transer was confirmed, but the club failed to pay. Known for its recent financial struggles, the FC also failed to pay €350,000 to the English Lucid Sports Group Ltd for […]
Enforcement: Claimant won’t get the $58 million awarded due to a computation error
A mistake in the award is disappointing. Whether it is an error of law or an error in computation. If such errors are ignored then they can lead to a change in the meaning of the ruling and can stir trouble during enforcement. An error in the calculation is all the more disappointing when $90 […]
Set-off: An Obstacle in Enforcement of Arbitral Awards?
Obtaining a favourable arbitral award is just the beginning: a victorious party has to apply to a state court for an enforcement clause to render the decision enforceable. However, even if no objections or corresponding claims were raised by the opposing party previously during arbitration, such claims may appear later on and be used to […]