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RUSSIAN FEDERATION 63
Arbitrazh Court, North Caucasus Circuit, 15 May 2023, Case No. A63-7553/2022
(International Transit S.A.L. (Off-shore) v. Nevinnomyssk Electro-Metallurgical Plant ... Read more
Arbitrazh Court, North Caucasus Circuit, 15 May 2023, Case No. A63-7553/2022
(International Transit S.A.L. (Off-shore) v. Nevinnomyssk Electro-Metallurgical Plant LLC)
RUSSIAN FEDERATION 63
The Arbitrazh (Commercial) Court reversed the decision in first instance, which had refused enforcement of a London award on public policy grounds, but in turn denied enforcement on the ground that the respondent had been declared bankrupt.
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 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 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.