Recognition and enforcement of arbitral awards

Enforcement of Foreign Arbitral Awards and Judgments in Russia After 2022
By 23 February, 2026 0 Comments Read More →

Enforcement of Foreign Arbitral Awards and Judgments in Russia After 2022

The enforcement of foreign arbitral awards and court judgments in Russia has undergone significant transformation since 2022. While the formal legislative framework remains largely unchanged, judicial practice has evolved in response to geopolitical developments, sanctions regimes, and the designation of certain states as “unfriendly.” These developments have affected the interpretation of public policy, reciprocity, and […]

Posted in: Commercial Arbitration, Recognition and enforcement of arbitral awards
Enforcement of Awards Affected by Sanctions
By 21 December, 2022 0 Comments Read More →

Enforcement of Awards Affected by Sanctions

Recent decades have witnessed an upsurge in the imposition of international sanctions in various regions of the world. Time and again, we hear sanctions impinge on the practice of international commercial arbitration and can significantly interfere with the smooth functioning of arbitral proceedings in various ways. Sanctions also pose unique challenges for award creditors seeking […]

Posted in: Commercial Arbitration, Recognition and enforcement of arbitral awards
English court recognises a Russian arbitral award
By 7 June, 2022 0 Comments Read More →

English court recognises a Russian arbitral award

In April 2022 the High Court of England and Wales enforced an arbitral award rendered against a British company in Russia under the rules of a Russian arbitral institution. In January 2022, the Arbitration Centre at the Russian Union of Industrialists and Entrepreneurs (RSPP) completed arbitration of a dispute arising from an international sale agreement […]

Posted in: Recognition and enforcement of arbitral awards
Dutch Court Deals Enforcement Blow to Yukos Shareholders
By 5 January, 2021 0 Comments Read More →

Dutch Court Deals Enforcement Blow to Yukos Shareholders

The district court of the Hague has ruled against the former majority shareholders of OJSC Yukos Oil Company seeking to enforce Energy Charter Treaty arbitration awards of over US$50 billion. At the end of October this year, the court lifted the attachment the shareholders had previously secured over two Russian vodka trademarks, Moskovskaya and Stolichnaya. […]

Posted in: Recognition and enforcement of arbitral awards
The consequences of incorrect or unclear identification of arbitral institution in an arbitration agreement
By 16 December, 2019 0 Comments Read More →

The consequences of incorrect or unclear identification of arbitral institution in an arbitration agreement

On 10 December 2019, the Plenum of the Russian Supreme Court adopted the Resolution on the fulfillment by Russian courts of the assistance and control functions in respect of internal arbitration and international commercial arbitration. The Supreme Court revised the initial draft due to several recommendations. In particular, this document now contains essential rules with […]

Posted in: Commercial Arbitration, Recognition and enforcement of arbitral awards
Naftogaz and the enforcement of arbitral awards
By 3 June, 2019 0 Comments Read More →

Naftogaz and the enforcement of arbitral awards

On 28 February 2018, Ukraine’s state-owned gas entity, Naftogaz, secured an award of US$4.67 billion against Gazprom –which required Gazprom only to make a payment of US$2.56 billion on account of certain residual payments owed by Naftogaz – following a lengthy dispute between the parties concerning the supply and transit of Russian gas to consumers […]

Posted in: Recognition and enforcement of arbitral awards
Arbitration Reform in Ukraine: New Possibilities for Arbitration Users
By 8 February, 2018 0 Comments Read More →

Arbitration Reform in Ukraine: New Possibilities for Arbitration Users

After many years of discussions and active work of various working groups and Ukrainian Parliament, in the end of 2017 Ukraine has finally reformed its arbitration-related procedural legislation. Now the arbitration users may seek Ukrainian courts’ assistance in obtaining interim measures, preserving and collecting evidence necessary for arbitral proceedings, which remained practically impossible prior to […]

Posted in: Domestic Proceedings, Recognition and enforcement of arbitral awards
Fraud allegations at the enforcement stage of ASCOM case
By 7 December, 2017 0 Comments Read More →

Fraud allegations at the enforcement stage of ASCOM case

The Swedish Supreme Court recently put an end to Kazakhstan’s attempts to set aside the award rendered by SCC tribunal in favour of Anatolie and Gabriel Stati, Ascom Group SA and Terra Tar Trans Trading (“ASCOM” or the “Claimant”). The Supreme Court rejected the claims, declaring that Kazakhstan provided insufficient evidence to support their fraud allegations. Nevertheless, the […]

Posted in: Recognition and enforcement of arbitral awards
Why Russian courts refused to enforce SCC award against Tecon group company in SPIG s.p.a v ZAO PK Promcontroller
By 17 November, 2017 0 Comments Read More →

Why Russian courts refused to enforce SCC award against Tecon group company in SPIG s.p.a v ZAO PK Promcontroller

On 2 October 2017, the Supreme Court of the Russian Federation refused to recognise and enforce an arbitration award issued in favour of Italian manufacturer SPIG by a tribunal under the Rules of the Arbitration Institution of the Stockholm Chamber of Commerce (the “SCC“) against indirectly state-owned Russian company Promkontroller. This decision marks the end […]

Posted in: Recognition and enforcement of arbitral awards
US Court Enforces $140+ Million SCC award in Carpatsky Petroleum v Ukrnafta
By 24 October, 2017 0 Comments Read More →

US Court Enforces $140+ Million SCC award in Carpatsky Petroleum v Ukrnafta

On 2 October 2017, a Texas federal judge confirmed a $140+ million award issued by a tribunal under the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce in favour of Carpatsky Petroleum Corporation (“CPC“) against the Ukrainian oil company, OJSC Ukrnafta. The Texas ruling marks the important end of an award battle […]

Posted in: Recognition and enforcement of arbitral awards
The Russian Saga of Lugana: Have the Courts Ignored the Res Judicata Principle?
By 21 October, 2017 0 Comments Read More →

The Russian Saga of Lugana: Have the Courts Ignored the Res Judicata Principle?

Russian courts have found themselves in a very controversial position regarding the enforcement of international arbitral awards. It turns out that the courts have enforced two arbitral awards in a dispute between the same parties on the same matter, something which called the res judicata principle into question. The Supreme Court of the Russian Federation […]

Posted in: Recognition and enforcement of arbitral awards
State immunity and state-owned enterprises: a recent dispute involving Moldova
By 16 May, 2017 0 Comments Read More →

State immunity and state-owned enterprises: a recent dispute involving Moldova

In a recent judgment (27 January 2017), the Court of the Southern District of New York ordered state enterprise Moldovagaz S.A and the Republic of Moldova to pay USD 27 million to Gater Assets Limited. The judgment raises certain issues regarding the state’s liability for state-owned enterprises’ commercial activities. Given that the Government of Moldova has never been party […]

Posted in: Commercial Arbitration, Domestic Proceedings, Recognition and enforcement of arbitral awards
Paris court confirms state companies’ use of investment arbitration under Russia-Ukraine BIT (Ukraine v Tatneft)
By 8 December, 2016 0 Comments Read More →

Paris court confirms state companies’ use of investment arbitration under Russia-Ukraine BIT (Ukraine v Tatneft)

On 29 November 2016 the Paris Court of Appeal (the Court) decided to uphold the arbitration award in the long-lasting dispute between Russian oil firm PJSC Tatneft (the Tatneft) and Ukraine. In this case, Ukraine unsuccessfully tried to set aside the $112m investment treaty awards in favour of Tatneft. The main issue in the case was […]

Posted in: Investor-State Arbitration, Recognition and enforcement of arbitral awards
Enforceability of Emergency Arbitrator Awards in Ukraine
By 7 December, 2015 0 Comments Read More →

Enforceability of Emergency Arbitrator Awards in Ukraine

In an earlier post the CIS Arbitration Forum reported on three investment treaty claims which have been initiated this year against Ukraine in the gas sector. In one of them a UK-based energy company, JKX Oil & Gas, and its Dutch and Ukrainian subsidiaries, Poltava Gas B.V. and JV Poltava Petroleum Company, obtained the first ever emergency arbitration award against […]

Posted in: Investor-State Arbitration, Recognition and enforcement of arbitral awards
Enforcement of Settlement Agreements Reached in Arbitration and Mediation
By 27 November, 2015 0 Comments Read More →

Enforcement of Settlement Agreements Reached in Arbitration and Mediation

In September 2015 the UNCITRAL Working Group II (Arbitration and Conciliation) continued its work on formulating a legal framework on the enforcement of settlement agreements, including a convention, model provisions or guidance texts. Currently, parties can request arbitral tribunals to record their settlement agreements as consent awards, ie an arbitral award on terms agreed upon by the […]

Posted in: Commercial Arbitration, Domestic Proceedings, Recognition and enforcement of arbitral awards
The Problem of ‘Pocket Arbitration Courts’ in Russia: Finally Resolved?
By 7 April, 2015 0 Comments Read More →

The Problem of ‘Pocket Arbitration Courts’ in Russia: Finally Resolved?

The recent decision of the Russian Supreme Court in the case of Geotrest LLC v Gazprom Invest Vostok LLC and an earlier decision of the Constitutional Court indicate a significant change in the approach of Russian courts to the so-called “pocket arbitration courts”. These decisions contradict the previous practice and will most likely lead to significant […]

Posted in: Commercial Arbitration, Domestic Proceedings, Recognition and enforcement of arbitral awards
Notice of Arbitration to the Parent Company: Proper or Not?
By 3 September, 2014 0 Comments Read More →

Notice of Arbitration to the Parent Company: Proper or Not?

In a recent decision the Supreme Commercial Court of the Russian Federation found that a notice of arbitration proceedings to the parent company’s general counsel was proper in the context of the facts of the case. The decision has also raised discussions about other related issues: first, in which cases could such notice be improper and […]

Posted in: Commercial Arbitration, Domestic Proceedings, Recognition and enforcement of arbitral awards
Russian Court on Law Applicable to Arbitrability
By 6 June, 2014 0 Comments Read More →

Russian Court on Law Applicable to Arbitrability

This week a Russian cassation instance court suggested that foreign laws permitting certain disputes to be referred to arbitration should be respected. This should be the case even if under Russian law similar Russia-related disputes are not arbitrable. Apparently some restrictions on arbitrability have only limited effect. The case before the court concerned enforcement of an […]

Posted in: Commercial Arbitration, Recognition and enforcement of arbitral awards