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 […]
Актуальные Темы
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 […]
No Treaty but Reciprocity: Dutch State Court Decision recognized in Russia
The Moscow Arbitrazh Court recognised a Dutch court decision based on the principle of reciprocity, although no treaty on recognition and enforcement of state-court judgements is in place between the Netherlands and Russia (Moscow Arbitrazh Court, Judgement of 19.06.2019, A40-68312/2018). Background to the case Stichting Administratiekantoor Nems trust foundation (Netherlands) obtained a judgement against a […]
Russian Cassation Court of North-Western Region orders first instance court to undertake a révision au fond
Just a few days ago, we published a post with an optimistic outlook on Russian court practice in respect of recognition and enforcement of foreign arbitral awards in Russia. I called this the light at the end of the tunnel out of Russian court’s rather hostile attitude towards arbitration. Now the Arbitrage Court of the […]