IBA Arbitration Committee: Study on Public Policy as a Defence in Recognition and Enforcement of Arbitral Awards

IBA LOGOThe 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. Continue reading

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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: Continue reading

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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. Continue reading

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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: Continue reading

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