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Arbitration Recognition of foreign decisionsClash of jurisdictions – AIFC Court recognises an ICC award despite opposing Russian anti-arbitration injunction
Will Kazakhstan side with the New York Convention or recognise a Lugovoy judgement? On 15 May 2026, the Court of First Instance of the Astana International Financial Centre (“AIFC Court”) issued a judgment recognising and enforcing a USD 1.37 billion ICC arbitral award obtained by Naftogaz against Gazprom. The award itself had been rendered in […]
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Anerkennung ausländischer Entscheidungen Investment Arbitration SchiedsgerichtsbarkeitEnforcement against Russian Assets on Spitsbergen: The Yukos Capital v. Russian Federation Decision of Nord‑Troms og Senja District Court
I. Introduction On 20 December 2024, the Nord‑Troms og Senja District Court in Norway rendered a decision on the enforcement of a foreign arbitral award against assets of the Russian Federation located on Svalbard (Spitsbergen) (case no. 24‑163368TVA‑TNTS/TTRM). The case concerns Yukos Capital Limited’s attempt to secure and enforce a multi‑billion‑dollar UNCITRAL arbitration award arising […]
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Arbitration Recognition of foreign decisions
Russian Federation vs. Wintershall (almost) reloaded
On 3 April 2026, the Arbitrazh Court of the Kaluga Region issued an anti-arbitration injunction in case No. A23-9385/2025 involving JSC “Kaluga Plant Remputmash” (“RPM”) and Austrian manufacturer L. Maschinenfabrik GmbH. In application of the notorious “Lugovoy-Law” (art. 248.1 and 248.2 of the APC), the court prohibited the Austrian company from continuing or supporting arbitration […]
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Investment Arbitration
Dual Nationals and BIT Protection before the French Cour de cassation: Two Decisions, One Doctrinal Line (6 May 2026)
I. Introduction On 6 May 2026, the First Civil Chamber of the Cour de cassation delivered two judgments dealing with bilateral investment treaties (BITs) and investors with dual nationality: Both arose from annulment actions against jurisdictional awards in investment arbitrations seated in Paris. Both involved dual nationals or potentially dual nationals invoking BIT protection against […]
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Schiedsgerichtsbarkeit
ICC award set aside: Serious Irregularity and Missed Issues – Indus Powertech Inc v Echjay Industries Pvt Ltd [2026] EWHC 827 (Comm)
1. Introduction The decision in Indus Powertech Inc v Echjay Industries Private Limited [2026] EWHC 827 (Comm) addresses a challenge to an ICC arbitral award under section 68 of the Arbitration Act 1996. While reaffirming the high threshold and pro‑arbitration approach of the English courts, the judgment is an important illustration of how the English […]
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ArbitrationEffects of ICC award nullified by contradicting Russian Lugovoy Law judgement
In its judgment of 27 April 2026, the Arbitrazh Court of the Murmansk Region (case no. A42-2551/2025) ordered T. AG (Germany) and AS L. (Latvia) to jointly compensate damages of EUR 8.8 million to ООО “MTP Lavna”. The court held that the defendants’ refusal to return advance payments—based on EU sanctions—constituted a tortious act under […]
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Arbitration
Sanctions vs. Enforcement: Limits and Lessons from the Swiss Federal Tribunal
This decision provides essential guidance on the interaction between sanctions law and private enforcement mechanisms in Switzerland.For this, the Federal Tribunal establishes three key principles: This judgment is highly significant, as it forms part of a body of international case law recognizing the relevant claim in itself, although payment of that claim is not currently […]
