Russia / 12 November 2010 / Russia, Федеральный арбитражный суд Московского округа (Federal Arbitrazh Court for the Moscow District) / OOO Sandora (Ukraine) v OOO Euro-Import Group (Russia) / А40-51459/10-63-440
| Country | Russia |
| Court | Russia, Федеральный арбитражный суд Московского округа (Federal Arbitrazh Court for the Moscow District) |
| Date | 12 November 2010 |
| Parties | OOO Sandora (Ukraine) v OOO Euro-Import Group (Russia) |
| Case number | А40-51459/10-63-440 |
| Applicable NYC Provisions | III | V | V(1)(b) |
| Source |
http://kad.arbitr.ru (register of decisions of the RF arbitrazh courts) |
| Languages | English |
| Summary | On 12 February 2010, an arbitral tribunal at the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICCA) issued an award ordering the Russian company Euro-Import Group to pay to the Ukrainian company Sandora the price of merchandise delivered pursuant to their contract, as well as a late payment penalty and the arbitration costs. The first instance court (Moscow Arbitrazh Court) granted recognition and enforcement of the award. The Russian debtor filed a cassation complaint against the first instance decision, arguing that, inter alia, it had not been properly notified of the time and place of the proceedings by the arbitral tribunal. The Federal Arbitrazh Court for the Moscow District rejected the cassation complaint and upheld the first instance ruling granting recognition and enforcement of the ICCA award of 12 February 2010. After having quoted the entirety of Articles III and V NYC, the cassation court concluded that the Russian debtor’s argument on improper notification of the time and place of the arbitration proceedings could not stand as a ground for refusing recognition and enforcement of the award since the debtor’s representative was present at the arbitration hearing. |
Attachment (2)
 Original Language Adobe Acrobat PDF |
Unofficial Translation Adobe Acrobat PDF |
