The IBA’s Subcommittee on Recognition and Enforcement of Arbitral Awards in 2014/2015 conducted a comparative study that looked at ‘public policy’ as a defence to the recognition and enforcement of arbitral awards under the New York Convention. The country reports that the Subcommittee had solicited from Arbitration Committee members across various jurisdictions have now been published. Read More
Tag: New York Convention
Update: Russian Arbitrazh Court Not an Arbitral Tribunal
A couple of comments in the LinkedIn International Arbitration and Arbitration Experts groups discussed my post on the Russian Arbitrazh court’s judgment before the Munich Court of Appeals (Oberlandesgericht) – raising, amongst other things, the question what the situation would have been if an application had been made for recognition as a foreign judgment, rather than as an arbitral award, so I thought I briefly address the issue: Read More
Russian Arbitrazh Court Not an Arbitral Tribunal, Says Munich Court of Appeals
The Munich Court of Appeals (Oberlandesgericht) has held that a Russian Arbitrazh Court (Arbitragegericht, in the German original) is a state court, and not an arbitral tribunal. As a result, the application to the Munich court to recognize and enforce the Arbitrazh court’s judgment as a foreign arbitration award pursuant to Sec. 1061 German Code of Civil Procedure (ZPO) and the New York Convention was denied. Read More
Update: From Russia With Love
The post on Foreign Courts, Arbitration and Protectionism at the St. Petersburg International Legal Forum last month attracted some comments in the LinkedIn International Arbitration Group. I reported on statements made by Russia’s most senior commercial judge, Anton Ivanov, on protecting Russian citizens and companies from foreign courts and international arbitration. Vladimir Yaduta pointed to an interview with Anton Ivanov, to with the link is provided below, and kindly has given me permission to share his comment: Read More