Vietnam’s national oil and gas company has lost its cassation appeal before the Russian Supreme Court.

In Case No. А40-20468/2024, the lower courts had recognized a US$500 million SIAC award in Russia.

On March 12, 2025, the Russian Supreme Court rejected the company's cassation appeal for reconsideration of the case.

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🇷🇺🇨🇳 An application for the recognition and enforcement of a court judgment issued by a Chinese court in Russia must comply with Article 17 of the Treaty Between the People’s Republic of China and the Russian Federation on Judicial Assistance in Civil and Criminal Matters.

In Case No. A56-120092/2023, a Chinese company sought the recognition and enforcement of a court judgment issued by a Chinese court in the Russian Federation.

On March 17, 2025, a Russian court discontinued the proceedings. As noted by the court, the Chinese company's application did not comply with Article 17 of the Treaty Between the People’s Republic of China and the Russian Federation on Judicial Assistance in Civil and Criminal Matters (signed in Beijing on June 19, 1992), which governs the recognition and enforcement of judgments and came into force on November 14, 1993.

According to Article 17 of the Treaty, an application for recognition and enforcement must be submitted to the court that rendered the judgment. That court is then responsible for transmitting the judgment to a court in the other Contracting Party’s country.

Therefore, in this case, the Chinese company should have applied to a Chinese court, not a Russian court. Consequently, the Russian court discontinued the proceedings. #China

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🇷🇺🇨🇭On March 11, 2025, a Russian court recognized and enforced a Swiss arbitral award (Case No. А40-221290/2023). This is good news. However, in doing so, the court referred, inter alia, to the 'Lugovoy Law'—a point that remains unclear. If the court lacked effective jurisdiction over the case, the 'Lugovoy Law' does not provide a strong basis for establishing such jurisdiction. Well, let's see if the case proceeds further. #Lugovoi #Switzerland

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The Russian Constitutional Court may consider whether the “Lugovoy Law” complies with the Russian Constitution. The applicant argues that the “Lugovoy Law” breaches the Constitution by granting Russian courts jurisdiction to block arbitration through anti-arbitration injunctions in both “friendly” and “unfriendly” countries. According to the applicant, the “Lugovoy Law” should not restrict arbitration in “friendly” jurisdictions. #Lugovoy

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🇷🇺🇩🇪 A Germany-based company filed a legal action in a Russian court. However, the court declined jurisdiction and referred the parties to their chosen court—a German court (Case No. А66-19469/2024). Notably, this is not the first instance in which a foreign company has unsuccessfully attempted to override a forum selection clause by invoking case law on the 'Lugovoy Law.' #Germany #Lugovoy

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🇷🇺🇩🇪 UPD. In case No. А56-49800/2024, a cassation court overturned the lower court's decision that had recognized a German court ruling in Russia, and referred the case back to the lower court for reconsideration.

The cassation court noted that the lower court should examine whether there was an actual contractual relationship between the parties and whether a Russian presidential decree on counter-sanctions should be applied. #Germany

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🇷🇺🇦🇿 In brief, a Russian court has recognized a decision rendered by an Azerbaijani court (Case No. А32-5059/2025). #Azerbaijan

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🇷🇺🇧🇾 A Belarusian court heard a case in violation of an ICC arbitration clause and rendered a decision, but a Russian court refused to recognize the Belarusian court's decision (Case No. А56-6573/2025). #Belarus

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🇷🇺🇺🇿 In brief, a Russian court has recognized a decision rendered by an Uzbekistan court (Case No. А07-6374/2025). #Uzbekistan

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🇷🇺🇰🇿 The 10th Arbitrazh Court of Appeal disregarded a litigation clause in favor of a Kazakh court, as the sanctioned Russian company faced obstacles in accessing justice—specifically, its inability to pay legal fees and obtain legal assistance. As a result, the case will be heard by a Russian state court (Case No А41-51293/24). #Kazakhstan

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🇷🇺 🇰🇿 In brief, Russian courts have recognized several decisions rendered by Kazakh courts (Cases No. А50-4304/2025, А46-4985/2025, А40-298656/2024). #Kazakhstan

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📖 The Review of Russian court practice on arbitration and cross-border litigation for the second half of 2024 is now available in English.

The Review for the first half of 2024 is here.

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🇷🇺🇦🇪 A Russian court has recognised a judgment issued by a Dubai court—good news. However, the Russian court based its reasoning, inter alia, on the 1958 New York Convention. That is less encouraging (Case No. А53-35288/2024). #Dubai

P.S. From time to time, and over the decades, Russian courts have applied the 1958 New York Convention to decisions of foreign courts. While it is an incorrect approach, that is the current situation. You can find my publications, which address incorrect case-law practices, in both Russian and English.

For the English version, see the Kluwer Arbitration Blog; for the Russian version, see my Telegram.

🇬🇧https://arbitrationblog.kluwerarbitration.com/2018/09/25/the-material-scope-of-the-1958-new-york-convention-russian-courts-make-it-broader/

🇷🇺https://t.me/lawandsky/329


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🇷🇺 🇨🇾 A Russian court, in case No. A40-279675/2024, has refused to recognize a judgment issued by a Cypriot court, which ordered a debtor to pay EUR 22 million to the applicant (a company). In addition to classical grounds—such as sanctions and references to the 1958 New York Convention—some new arguments have also emerged.

First, the applicant’s beneficiary is the subject of an international criminal arrest warrant. Therefore, in the court’s view, a judgment in favor of the company and its enforcement would result in the beneficiary’s enrichment, which would be contrary to public policy.

Second, the debtor accused the applicant of engaging in fraudulent transactions. According to the court, the applicant’s beneficiary should have appeared before the Russian court to testify regarding the circumstances of these transactions. #Cyprus

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🇷🇺🇰🇿 A Russian court—while considering the recognition and enforcement of a foreign arbitral award from Kazakhstan—granted interim measures and ordered the freezing of 89 million RUB belonging to the debtor (Case No. A06-3796/2025). Generally, Russian courts are reluctant to grant interim measures, particularly in support of international arbitration. #Kazakhstan

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🇷🇺🇺🇸 For those of you following the Citibank case in Russia, the Russian Supreme Court has published its decision, dated May 12, 2025, in Russian.

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In Case No. А40-118242/2024, a Russian court refused to recognize and enforce an ICC arbitral award (decision dated February 7, 2025). A cassation court upheld this decision on May 12, 2025. The courts held that enforcement would contradict a Russian presidential counter-sanction decree and would violate public policy.

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🇷🇺🇸🇬 According to the Russian court, when the seat of arbitration is located in a country that has imposed sanctions against Russia, the neutrality of the arbitration is compromised. In this case, the courts—a court of first instance and a cassation court—refused to recognize an award issued under the auspices of the Singapore Chamber of Maritime Arbitration (SCMA), despite the participation of a Russian party in the arbitration (Case No. А45-1031/2025). #Singapore

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