Russia and England: Resolving Jurisdictional Disputes

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.

Recognition of Russian Judgments, Arbitrazh Courts and the Requirement for Reciprocity

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

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

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