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RUSSIAN FEDERATION 52
Arbitrazh Court, City of Moscow, 29 June 2020
(Lucid Sports Group Limited v. AO Dynamo Moscow Football Club)
RUSSIAN FEDERATION 52
The Court denied recognition and enforcement of a CAS award, finding that the alleged arbitration clause in the parties' service agreement was ambiguous and therefore a common intention to arbitrate could not be ascertained. The clause provided that disputes that could not be settled by negotiations would be referred to the Arbitrazh (Commercial) Court of the City of Moscow, but also that in case of CAS arbitration, the dispute was to be resolved by a sole arbitrator in an arbitration conducted in English. No further conditions for CAS arbitration were specified. The Court also held that recognition and enforcement would violate the public policy of the Russian Federation, because the award granted the claimant’s claim for payment under the service agreement without determining that the service had in fact been supplied.
Invalidity of the arbitration agreement: The court discusses other cases of invalidity of the arbitration agreement, including that there was no agreement at all or that the party was not a signatory thereto, that the incorrect arbitral institution was chosen, etc.
Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.
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.