A DIS (German Arbitration Institute) arbitration award was granted to recover damages from International Recycling Pte. Ltd. (Singapore) and Intervtorresurs Limited Liability Company (Russia). The claimant applied for recognition and enforcement to the court at the location of the Russian respondent. On the first circuit, the judgment was enforced, but was overturned by the court […]
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German case law on the right to be heard in arbitral proceedings and „Curia novit Ius“
Von: Heyo Eyiah, Anna Kopylova The right to beard in court is an important procedural principle (guaranteed by the principle of fair trial and laid down in Art. 103(1) of the German Constitution). An alleged violation of the right to be heard in court is probably the most frequent ground for challenging arbitral awards in […]
Enforcement of English Judgments in Russia II: Service Abroad
In the previous article, we have talked about enforcement of English Judgements in Russia on the basis of recipocity. While in essence, an English court judgment can and should be recognised in Russia with relative ease, it is essential to pay attention to a proper service of process abroad under the Hague Convention. Background of […]
Enforcement of English Judgments in Russia: Reciprocity
Unlike the New York Convention 1958, which provides a straightforward procedure for enforcement of arbitration awards in another signatory state, there is no single unifying international treaty or convention when it comes to court judgements. Enforcement of foreign judgments is often covered by bilateral or multilateral treaties which vary from country to country. However many […]
Moscow Arbitrazh Court recognised and enforced Belgian state court decision.
With a judgement of 14.12.2020 (court case number A40-111764/20) the Arbitrazh Court of Moscow recognised and declared enforceable a decision of an Antwerp court. The Moscow Arbitrazh Court referred to Art. 15 para 4 of the Russian Constitution according to which the recognised principles and norms of international law are an integral part of the […]
Arrest of a Russian vessel with 180 tons radioactive uranium on board
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 […]
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 […]