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RUSSIAN FEDERATION 56
Second Cassation Court of General Jurisdiction, 22 June 2021, Case No. 88-13804/2021
(JSC Rietumu Banka v. Respondents 1 to 6, ADVancement LLC and Austrumu Tirdzniecibas Grupa)
RUSSIAN FEDERATION 56
The Cassation Court affirmed the first instance and the appellate decisions enforcing an award of the Court of Arbitration of the Association of Latvian Commercial Banks, dismissing the contention that a violation of due process justified refusal of enforcement under the Convention on grounds of public policy. The Court found that the appellants failed to successfully challenge the findings of the lower courts that they had been duly notified of the proceedings in accordance with the provisions of the applicable Arbitration Rules.
Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.
Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.