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In Case No. ะ56-23597/2023 concerning the insolvency (bankruptcy) of a Russian citizen, an appellate court confirmed a lower court decision dated August 5, 2025, recognizing a court decision issued by a court in Antwerp, the Kingdom of Belgium.
It is worth noting that the lower court decision dated August 5, 2025, was based on both the principle of international comity and the principle of reciprocity, since the Russian Federation and the Kingdom of Belgium have no international treaty on the recognition and enforcement of court decisions. The court stated in its decision dated August 5, 2025:
"the principle of reciprocity presupposes mutual respect by the courts of different states for the outcomes of each otherโs activities. Accordingly, it may be concluded that even in the absence of an international treaty between the Russian Federation and the state whose court judgment is sought to be recognized and enforced before a Russian court, such a foreign judgment is subject to enforcement on the basis of the principles of reciprocity and international comity."
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In Case No A56-114163/2025, a Russian court refused to issue an order for the disclosure of customs documents in support of a Russian-seated arbitration because these documents contain legally protected information.
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OJ_C_202600930_EN_TXT.pdf
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Whether unilateral sanctions fall within the โpublic policyโ exception under Article V(2)(b) of the New York Convention?
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In Case C-802/24, the Advocate General delivered his Opinion on 26 February 2026. He considers that Article 11(1) of Council Regulation (EU) No 833/2014 of 31 July 2014 does not preclude recourse to arbitration in respect of a claim that cannot be satisfied within the meaning of that provision. However, satisfaction must in fact be unobtainable, and any arbitral award must remain subject to judicial review in order to ensure compliance with EU public policy.
The full Opinion is available at the following link - https://infocuria.curia.europa.eu/tabs/document/C/2024/C-0802-24-00000000RP-01-P-01/CONCL/316861-EN-1-html
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The full Opinion is available at the following link - https://infocuria.curia.europa.eu/tabs/document/C/2024/C-0802-24-00000000RP-01-P-01/CONCL/316861-EN-1-html
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ะ19-1350/2026).ะ15-4529/2025).ะ40-118932/2025).ProArbitration.Ru
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The Prosecutor General of the Russian Federation has brought a legal action before a Russian court seeking the lifelong disqualification of Mr. Charles Poncet as an arbitrator and a ban preventing Mr. Charles Poncet from acting as an arbitrator in all arbitral institutions that directly or indirectly consider cases against the Russian Federation.
The case (No ะ40-57198/26-19-530) is scheduled to be heard on April 16, 2026.
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The Poncet case, where Russiaโs state prosecutor is seeking to impose a lifetime ban on Charles Poncet as an arbitrator, has been postponed until November 2, 2026.
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On August 1, 2025, a Russian court of general jurisdiction granted interim measures freezing assets in support of an LCIA arbitration. The courtโs order has been appealed. ProArbitration.Ru
๐ฅ๐๐๐๐ถ๐ฎ๐ป ๐๐ฎ๐๐๐ฎ๐๐ถ๐ผ๐ป ๐๐ผ๐๐ฟ๐ ๐ข๐๐ฒ๐ฟ๐๐๐ฟ๐ป๐ ๐๐ป๐๐ฒ๐ฟ๐ถ๐บ ๐ ๐ฒ๐ฎ๐๐๐ฟ๐ฒ๐ ๐ถ๐ป ๐๐๐๐ ๐๐ถ๐๐ฝ๐๐๐ฒ; ๐๐ฎ๐๐ฒ ๐ฅ๐ฒ๐บ๐ฎ๐ป๐ฑ๐ฒ๐ฑ.
On August 1, 2025, a Russian court of general jurisdiction granted interim measures freezing assets in support of an LCIA arbitration. By decision dated October 20, 2025, the court of appeal upheld the interim measures. However, by decision dated February 17, 2026, a cassation court overturned the appellate decision and remanded the matter to the court of appeal for reconsideration.
๐ Follow the link to access the cassation courtโs decision (in Russian) - https://2kas.sudrf.ru/modules.php?name=sud_delo&srv_num=1&name_op=doc&number=18168537&delo_id=2800001&new=2800001&text_number=1
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On August 1, 2025, a Russian court of general jurisdiction granted interim measures freezing assets in support of an LCIA arbitration. By decision dated October 20, 2025, the court of appeal upheld the interim measures. However, by decision dated February 17, 2026, a cassation court overturned the appellate decision and remanded the matter to the court of appeal for reconsideration.
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๐ญ๐๐๐ ๐ฐ๐ช๐ช ๐ณ๐๐๐ ๐๐ ๐ซ๐๐๐๐๐๐๐ ๐พ๐๐: $9๐ด ๐น๐๐๐๐๐๐๐๐
๐๐ ๐น๐๐๐๐๐
A Russian entity lost an ICC arbitration, as EU sanctions prevented the repayment of an advance payment. However, it subsequently succeeded in resisting recognition of the ICC award in Russia (see case No. ะ42-5661/2025) and then initiated proceedings before a Russian court. The court ultimately granted the claim, ordering German and Latvian companies to repay nearly $9 million in advance payments to the Russian entity (see case No. ะ42-2551/2025).
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A Russian entity lost an ICC arbitration, as EU sanctions prevented the repayment of an advance payment. However, it subsequently succeeded in resisting recognition of the ICC award in Russia (see case No. ะ42-5661/2025) and then initiated proceedings before a Russian court. The court ultimately granted the claim, ordering German and Latvian companies to repay nearly $9 million in advance payments to the Russian entity (see case No. ะ42-2551/2025).
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๐ฅ๐๐๐๐ถ๐ฎ๐ป ๐๐ฎ๐๐๐ฎ๐๐ถ๐ผ๐ป ๐๐ผ๐๐ฟ๐ ๐ข๐๐ฒ๐ฟ๐๐๐ฟ๐ป๐ ๐๐ป๐๐ฒ๐ฟ๐ถ๐บ ๐ ๐ฒ๐ฎ๐๐๐ฟ๐ฒ๐ ๐ถ๐ป ๐๐๐๐ ๐๐ถ๐๐ฝ๐๐๐ฒ; ๐๐ฎ๐๐ฒ ๐ฅ๐ฒ๐บ๐ฎ๐ป๐ฑ๐ฒ๐ฑ. On August 1, 2025, a Russian court of general jurisdiction granted interim measures freezing assets in support of an LCIA arbitration. By decision dated October 20, 2025, theโฆ
๐๐ฎ๐ฌ๐ฌ๐ข๐๐ง ๐๐ฉ๐ฉ๐๐๐ฅ ๐๐จ๐ฎ๐ซ๐ญ ๐๐๐ฃ๐๐๐ญ๐ฌ ๐๐ง๐ญ๐๐ซ๐ข๐ฆ ๐๐๐๐ฌ๐ฎ๐ซ๐๐ฌ ๐ข๐ง ๐๐ฎ๐ฉ๐ฉ๐จ๐ซ๐ญ ๐จ๐ ๐๐๐๐ ๐๐ซ๐๐ข๐ญ๐ซ๐๐ญ๐ข๐จ๐ง
On August 1, 2025, a Russian court of general jurisdiction granted interim measures freezing assets in support of an LCIA arbitration. By decision dated October 20, 2025, a court of appeal upheld those interim measures. However, by decision dated February 17, 2026, a cassation court overturned the appellate decision and remanded the matter to the court of appeal for reconsideration.
Upon reconsideration, on April 29, 2026, the court of appeal overturned the interim measures granted in support of the LCIA arbitration. The court held, on the one hand, that the motion for interim measures had not been supported by sufficient evidence demonstrating the necessity and proportionality of the requested relief. On the other hand, in refusing to grant interim measures, the court noted that the seat of arbitration is located in an "unfriendly" country.
๐ Here is a link to the appellate court decision.
ProArbitration.Ruโ
On August 1, 2025, a Russian court of general jurisdiction granted interim measures freezing assets in support of an LCIA arbitration. By decision dated October 20, 2025, a court of appeal upheld those interim measures. However, by decision dated February 17, 2026, a cassation court overturned the appellate decision and remanded the matter to the court of appeal for reconsideration.
Upon reconsideration, on April 29, 2026, the court of appeal overturned the interim measures granted in support of the LCIA arbitration. The court held, on the one hand, that the motion for interim measures had not been supported by sufficient evidence demonstrating the necessity and proportionality of the requested relief. On the other hand, in refusing to grant interim measures, the court noted that the seat of arbitration is located in an "unfriendly" country.
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ะ22-1431/2016 concerning the bankruptcy of an individual, a Russian court, by its decision dated 21 April 2026, guided by the principle of reciprocity, recognized and enforced a judgment issued by the Landesgericht Innsbruck of the Republic of Austria.ProArbitration.Ru
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Follow the link to access the decision in Russian.
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If the the AIFC Court in its decision on 15 May 2026 said some words on ratione materiae, why the the AIFC Court was slient on ratione personae, or did I missing something?
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If the the AIFC Court in its decision on 15 May 2026 said some words on ratione materiae, why the the AIFC Court was slient on ratione personae, or did I missing something? ProArbitration.Ru โ
The AIFC Court has no jurisdiction over the recognition and enforcement of an ICC award against Gazprom, says the Ministry of Justice of the Republic of Kazakhstan.
Follow the link to read the Ministry of Justice of the Republic of Kazakhstanโs responses to Zakon.kz in Russian.
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Follow the link to read the Ministry of Justice of the Republic of Kazakhstanโs responses to Zakon.kz in Russian.
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Another AIFC judgment, and once again the issue concerns the competence of the AIFC Court to enforce foreign arbitral awards. The judgment demonstrates that there is ongoing debate on this issue, but it appears to take a firm position that the AIFC Court has no jurisdiction over the recognition and enforcement of foreign arbitral awards.
Paragraph 4.14 appears particularly important for understanding the point:
When parties agree to arbitrate under the auspices of any other institution (for example, the ICC, as in the present case) or agree to an ad hoc arbitration, they do not thereby agree to accept the jurisdiction of the AIFC Court.
See: Judgment dated 27 May 2026 in Case No. AIFC-C/CFI/2025/0066 (link).
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Paragraph 4.14 appears particularly important for understanding the point:
When parties agree to arbitrate under the auspices of any other institution (for example, the ICC, as in the present case) or agree to an ad hoc arbitration, they do not thereby agree to accept the jurisdiction of the AIFC Court.
See: Judgment dated 27 May 2026 in Case No. AIFC-C/CFI/2025/0066 (link).
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In the recent Case No. ะ21-4252/2026 (RUSAL v. OWH SE i.L.), a Russian court held that either party to an arbitration โ whether the award creditor or the award debtor โ may seek recognition and enforcement of an arbitral award before a court.
I wonder whether this approach is inconsistent with the 1958 New York Convention, or whether it falls within Article IV, given that the provision refers only to โthe party applyingโ for recognition and enforcement. Article IV does not expressly state that an award debtor is precluded from seeking recognition of the award. Nor, as far as I am aware, does the commentary say so.
๐ Follow the link to read the 21-page judgment dated 28 May 2026 in Case No.
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I wonder whether this approach is inconsistent with the 1958 New York Convention, or whether it falls within Article IV, given that the provision refers only to โthe party applyingโ for recognition and enforcement. Article IV does not expressly state that an award debtor is precluded from seeking recognition of the award. Nor, as far as I am aware, does the commentary say so.
ะ21-4252/2026, in Russian.ProArbitration.Ru
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Eurochem-Tecnimont-08 June 2026.pdf
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๐ณ๐๐๐๐๐๐
๐ณ๐๐๐๐๐๐๐๐ ๐ช๐๐๐๐๐๐ โ๐ฌ๐๐๐๐ช๐๐๐ ๐ต๐๐๐๐-๐พ๐๐๐-2โ ๐. ๐ป๐๐๐๐๐๐๐๐ ๐บ.๐ท.๐จ.
๐ฎ๐ณ ๐ท๐บ The Bombay High Court held that, at the pre-trial stage, the Russian judgment could not be regarded as conclusive. The Court also found that the jurisdiction of the Arbitrazh Court of the City of Moscow was doubtful in light of the arbitration agreements and the pending international arbitration.
๐ Attached is the judgment dated 8 June 2026.
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๐ Attached is the judgment dated 8 June 2026.
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