My earlier posts on Russian matters (here, and here, for example) have attracted more comments, in particular in LinkedIn fora, than any other topics covered in this blog. So I guess that readers will be interested to learn that Michael Wietzorek has just published a case note, on the CIS Arbitration Blog, on a recent decision by the Augsburg District Court (Landgericht) declaring a Russian judgment enforceable in Germany.
My posts on Russia and the Russian arbitrazh courts were the ones that attracted the most comments, both here and in some LinkedIn groups. As discussed in the context the reciprocity requirement, there are few German cases on Russian judgments, and vice versa. From a jurisdictional perspective, and thanks mainly to litigious oligarchs attracted to the High Court in London, Russia and England are a much more fertile pair. In the Law Society Gazette, Raymond Cox QC and his co-authors review the case law that has evolved in England and Russia on jurisdictional issues in this bi-lateral relationship.
Earlier this month, I had written about the Russian Arbitrazh court’s judgment before the Munich Court of Appeals (Oberlandesgericht) – the Munich court held that a Russian Arbitrazh Court is not an arbitral tribunal, and its judgment can not be recognized as an arbitral award under the New York Convention. The question then was asked whether in the alternative, the judgment of the Aribtrazh Court could have been recognized in Germany as a judgment of a state court. My short answer was that it could not, for lack of reciprocity. But the status quo has now been challenged. Continue reading
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