Russia / 28 July 2010 / Russia, Федеральный арбитражный суд Московского округа (Federal Arbitrazh Court for the Moscow District) / OOO Delta Vilmar SNG v OOO PP Vertical / A41-20447/08
| Country | Russia |
| Court | Russia, Федеральный арбитражный суд Московского округа (Federal Arbitrazh Court for the Moscow District) |
| Date | 28 July 2010 |
| Parties | OOO Delta Vilmar SNG v OOO PP Vertical |
| Case number | A41-20447/08 |
| Applicable NYC Provisions | V |
| Source |
http://kad.arbitr.ru (register of decisions of the RF arbitrazh courts) |
| Languages | English |
| Summary | On 8 August 2008, an arbitral tribunal at the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry rendered an award ordering the Russian company OOO PP Vertical (“Vertical”) to pay the Ukrainian company OOO Delta Vilmar SNG (“Delta Vilmar”) the amounts due for goods delivered under a contract, as well as a penalty, interest, and arbitration costs. Delta Vilmar sought and was granted recognition and enforcement of the arbitral award in Russia by the Moscow Arbitrazh Court (court of first instance). Vertical filed a cassation complaint with the Federal Arbitrazh Court for the Moscow District (court of cassation) alleging that (i) the ICAC tribunal lacked independence and impartiality and (ii) the court of first instance declined to examine the circumstances of the case. The Federal Arbitrazh Court for the Moscow District upheld the first instance ruling recognising and enforcing the award. After fully reproducing the text of Article V NYC, the court noted that Vertical requested the reassessment of facts already determined by the arbitral tribunal and held that such reassessment was beyond the jurisdiction of a court deciding on recognition and enforcement of a foreign award. |
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