Russia / 26 May 2010 / Russia, Федеральный арбитражный суд Московского округа (Federal Arbitrazh Court for the Moscow District) / Ansell S.A. (France) v OOO MedBusinessService-2000 (Russia) / А40-24208/10-63-209
| Country | Russia |
| Court | Russia, Федеральный арбитражный суд Московского округа (Federal Arbitrazh Court for the Moscow District) |
| Date | 26 May 2010 |
| Parties | Ansell S.A. (France) v OOO MedBusinessService-2000 (Russia) |
| Case number | А40-24208/10-63-209 |
| Applicable NYC Provisions | V | V(1)(c) | V(2)(b) |
| Source |
http://kad.arbitr.ru (register of decisions of the RF arbitrazh courts) |
| Languages | English |
| Summary | On 11 November 2009, an arbitral tribunal at the Stockholm Chamber of Commerce (SCC) seated in Stockholm (Sweden) rendered an award ordering the Russian company MedBusinessService-2000 to pay to the French company Ansell the amount of its principal debt, accrued interest, as well as arbitration expenses. The SCC award was granted recognition and enforcement by the first instance court (Moscow Arbitrazh Court). The Federal Arbitrazh Court for the Moscow District upheld the first instance ruling of the Moscow Arbitrazh Court. Re-examining the case in cassation upon MedBusinessService-2000’s complaint, the Federal Arbitrazh Court for the Moscow District reminded that the Moscow Arbitrazh Court did not establish any grounds provided for by Article V NYC for refusing recognition and enforcement of the SCC award. The court of cassation found that by its cassation complaint MedBusinessService-2000 was seeking to revise the award on the merits, while it was established that the parties had reached a valid arbitration agreement resulting from a clause in a contract entered into by them and confirmed by MedBusinessService-2000’s filing of an answer to the request for arbitration and a counterclaim. The Federal Arbitrazh Court for the Moscow District concluded therefore that the SCC award was not contrary to the public policy of the Russian Federation and fundamental principles of the Russian legislation. |
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Attachment (2)
 Original Language Adobe Acrobat PDF |
Unofficial Translation Adobe Acrobat PDF |
