Cour de cassation (2e civ.), 5 February 2026, No. 23-15.936 1. Introduction and procedural background In its judgment of 5 February 2026 (No. 23-15.936), the Second Civil Chamber of the Cour de cassation dismissed an appeal against a decision of the Paris Court of Appeal (2 February 2023), confirming that no enforcement measure may be […]
Автор: Axel Boës
No Valid Service under Private Address if the Adressee is Subject to a Travel Ban — Court of Appeal (Civil Division), 19 February 2026, [2026] EWCA Civ 139
Overview In Fridman v Agrofirma Oniks LLC & Anor , the Court of Appeal (Lewison LJ, Phillips LJ and Sir Launcelot Henderson) addressed a fundamental question of English private international law: can a claimant validly serve proceedings at a defendant’s English residence where the defendant is subject to an indefinite UK travel ban and is […]
High Court of Singapore Confirms Termination of Arbitration Due to Sanctions imposed on the Claimant
Introduction In a decision rendered on 9 February 2026 [2026] SGHC 32, the Singapore High Court rejected an application to set aside the order of a SIAC tribunal terminating an arbitration because the claimant could not continue the proceedings due to sanctions. The case confirmed the tribunal’s obligation to terminate an arbitration when continuation becomes […]
Three days notice is not sufficient for a EUR 3.6bn claim – French Court of Appeal refuses recognition of German court order in the Uniper-Gazprom Export dispute
Enforcement Refused: Versailles Appeal Court Applies Brussels I Recast to German Seizure Order—A Procedural Review Introduction On 8 January 2026, the Cour d’appel de Versailles addressed the enforcement in France of a German court order authorizing the seizure of claims payable by Engie to Gazprom at the request of Uniper Global Commodities SE. The ruling […]
Waiting for the Bombay Court — Will there be a freezing order to enforce a Lugovoy-Law decision?
Indian court seized with interim application order, but no final decision yet
Introduction The transnational dispute between Russia’s EuroChem North-West-2 and Italy’s Tecnimont, with parallel proceedings involving English, Russian and Indian courts, has become a showcase for the growing complexities of cross-border enforcement and the friction between diverging legal regimes. At stake are not only billions in contractual claims but also substantial questions about the reach of […]
No Cost Security Required from Russian Claimant Despite War and Sanctions
Hague Convention applies no matter whether actual enforcement of a cost order is possible
In a recent ruling of 15 January 2026 (case no. I ZB 53/25), the German Federal Court of Justice (Bundesgerichtshof, BGH) clarified that Russia’s ongoing war against Ukraine and the resulting sanctions regime do not affect the Hague Convention on Civil Procedure and the exoneration of Russian claimants from any security for costs. The BGH […]
Arbitrator biased: Paris CoA sets aside investment treaty award due to arbitrator’s firm’s published «no-Russia» policy and media likes
Cour d’appel de Paris, France, 15 January 2026, RG 22/19397
Introduction: On 15 January 2026, the Paris Court of Appeal (Cour d’appel de Paris, Pôle 5 — Chambre 16) issued a decision annulling a partial arbitral award rendered under the auspices of the Permanent Court of Arbitration (PCA, Case No. 2019-34). The dispute involves the expropriation of Crimean real estate assets following Russia’s occupation of […]