Recognition and enforcement of state court decisions between Germany and Russia Recognition and enforcement of foreign judgements in Russia has been at the center of my professional interest for a long time now. The traditional approach under Russian law was that foreign court decisions were only recognised if there was a bi- or multilateral treaty. […]
Die Themen
Even an arbitration clause in favour of a seat in a ‘friendly’ country can be overturned by Russian courts.
Introduction On August 28, 2024, the Arbitrazh Court of Primorsky Kray in Russia issued a notable ruling in Case А51-7534/2024. The dispute involved a Russian plaintiff and an Irish defendant concerning the modification of a bareboat charter agreement for a vessel, as well as the recognition of ownership rights over that vessel. Background facts The […]
EU General Court confirms prohibition of rendering legal services to Russian legal entities and gives guidance regarding the exceptions
On October 2, 2024, the General Court of the European Union (Grand Chamber) delivered a significant ruling in Case T-797/22. The claim was filed by the Ordre néerlandais des avocats du barreau de Bruxelles (Belgium) and other applicants, supported by the Bundesrechtsanwaltskammer (Germany) and Ordre des avocats de Genève (Switzerland). The applicants challenged the legal […]
Another case of “jurisdictional ping-pong” aka Russian Court Decision denies – again – recognition and enforcement of arbitral award
Mike Ackerman via Unsplash In another case of “jurisdictional ping-pong” (see other cases discussed by us here and here), the Arbitrazh Court of the Sverdlovsk Region rendered a judgment on 16 August 2024 (case no. A60-24839/2024) in a legal dispute between a Polish claimant and a Russian defendant regarding the recognition and enforcement of an […]
ECJ Decides Notaries’ Impartial Role Does Not Breach EU Sanctions on Russia
The European Court of Justice (ECJ) recently issued a judgment in Case C-109/23, which addresses the legal question of whether a German notary’s role in authenticating the sale of immovable property owned by a Russian legal entity violates the EU’s restrictive measures concerning Russia. Specifically, this case revolves around Article 5n(2) of Council Regulation (EU) […]
Anti-anti suit injunctions – A matter of constitutional law?
On 17 July 2024 the Düsseldorf Higher Regional Court decided an immediate appeal (Beschluss vom 17.06.2024 – 26 W 7/24) in the matter of an anti-anti-suit injunction and thereby joined the ranks of many popular international court decisions regarding this powerful tool of procedural law in common law jurisdictions. The background of this dispute is […]
Arbitral award not recognised because arbitrators came from „unfriendly countries“
Darla Hueske via Unsplash Introduction On July 26. 2024, another judgment of the Supreme Court of the Russian Federation (Case А45-19015/2023, judgment No. 304-ЭС24-2799) made headlines regarding a legal dispute between a German claimant and Russian defendant. The underlying legal dispute was preceded by an arbitration award by an arbitration tribunal in London applying the FOSFA […]