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 […]
Автор: Axel Boës
Russian Federation vs. Wintershall (almost) reloaded
Anti Arbitration injunction against Austrian claimant granted, but injunctions against arbitrators withdrawn.
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 […]
Dual Nationals and BIT Protection before the French Cour de cassation: Two Decisions, One Doctrinal Line (6 May 2026)
Two similar cases, but different outcome on BIT protection for dual nationals
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 […]
Effects 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 […]
An Email can interrupt limitation of CMR-claims, but if the carrier agrees to provide original CMRs, it has to provide originals: Recent Guidance from the Munich Court of Appeal
A. Background of the Case The Higher Regional Court (OLG) Munich (judgement of 15 January 2026, case no. 14 U 3118/25 e) recently dealt with a dispute over freight remuneration for four international road transports carried out in late September and early October 2023. The carrier (plaintiff) had invoiced a total of EUR 8,040 to […]
State Immunity is not absolute in Russian Courts — says the Russian Supreme Court
On the decision of the Supreme Court of the Russian Federation of 24 March 2026, No. 78-КГ25-37-КЗ In two recent decisions, Russian courts dealt with claims against souvereign states. In the one case, (Supreme Court, case no. No. 78-КГ25-37-КЗ — provided below since the website of the Russian Supreme court is inaccessible from abroad), it […]
A state cannot be insulted — says the German Supreme Court
Federal Court of Justice (Bundesgerichtshof, BGH), Judgment of 24 February 2026 – Case No. VI ZR 415/23
The Kingdom of Marokko failed with a claim against a publisher who had alleged that Marokko was using «Pegasus» surveillance software. The German Supreme Court held that a souverain state does not have title to sue in a defamation claim. 1. Overview of the Decision In its judgment of 24 February 2026, the German Federal […]