Trubor law firm successfully resisted enforcement of HKIAC award in Russia for recovery of USD 23 mln

08.06.2022

Advocates of Trubor law firm have won a landmark case at the Commercial Court of Moscow. A BVI company applied to Russian court seeking enforcement of the HKIAC arbitral award against our Client (Russian company). The Russian court refused enforcement and upheld our arguments that the arbitral tribunal under HKIAC rules clearly lacked jurisdiction, and enforcement of such award would go against Russian public policy (on the basis of a clear breach of Russian foreign currency control rules). 

Previously, at the stage of arbitral proceedings our team obtained an order from the LCIA tribunal in the parallel proceedings, which effectively had ordered the claimant (BVI company) to discontinue the arbitral proceedings under HKIAC rules (‘anti-suit injunction’). However, the claimant disobeyed the order and proceeded with its claims in Hong Kong at full throttle. The Russian court has taken into account the fact that the claimant acted in breach of LCIA anti-suit injunction, when weighting our arguments that the HKIAC tribunal lacked jurisdiction. 

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