Introduction On 15 May 2026, the Moscow Arbitrazh Court rendered a decision in case No. А40-332538/25-68-2153, granting enforcement of an arbitral award rendered on 18 September 2025 by a Tribunal under the auspices of the International Court of Arbitration of the International Chamber of Commerce (ICC) in Paris (Case No. 27933/ELU). The decision addresses the enforcement of […]
Актуальные Темы
Clash 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 […]
Enforcement 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 […]
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Anti Arbitration injunction against Austrian claimant granted, but injunctions against arbitrators withdrawn.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 […]
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 […]
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 […]