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RUSSIAN FEDERATION 2025-2
Arbitrazh Court, Moscow Region, 11 October 2024, Case No. А41-72465/24
(SIBUR International GmbH v. Kimberly-Clark Ltd)
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Arbitrazh Court, Moscow Region, 11 October 2024, Case No. А41-72465/24
(SIBUR International GmbH v. Kimberly-Clark Ltd)
106 301 501 502 514 518 519
RUSSIAN FEDERATION 2025-2
The Arbitrazh (Commercial) Court granted exequatur of an SCC award against the award creditor, which was not registered in the Russian Federation, finding that its substantial assets there and connection to a Russian-registered company of the same group established a sufficient nexus with the Court’s district.
The court discusses issues relating to the identity of the party against whom enforcement of the arbitral award is sought, including: piercing of the corporate veil, succession, assignment, State or State entity, group of companies, agent or principal, etc. For the related defenses to enforcement, see Art. V(1)(a).
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.
The court discusses questions relating to the general approach taken by the Convention to the grounds for refusal of recognition and enforcement, including its pro-enforcement bias, as well as the system of the Convention, under which recognition and enforcement may only be denied on seven listed grounds and the petitioner has only the obligations set out in Art. IV.
The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.
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 cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.