Russia / 15 April 2010 / Russia, Арбитражный суд города Москвы (Moscow Arbitrazh Court) / Ansell S.A. (France) v OOO MedBusinessService-2000 (Russia) / А40-24208/10-63-209
| Country | Russia |
| Court | Russia, Арбитражный суд города Москвы (Moscow Arbitrazh Court) |
| Date | 15 April 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 the French company Ansell the amount of its principal debt, accrued interest, as well as arbitration expenses. Ansell sought recognition and enforcement of the SCC award before the Moscow Arbitrazh Court. MedBusinessService-2000 objected to the application arguing the absence of an arbitration agreement between the parties and that the enforcement of the award would be contrary to the public policy of the Russian Federation. The Moscow Arbitrazh Court granted recognition and enforcement of the SCC award of 11 November 2009. Having quoted the entirety of Article V NYC, the court rejected MedBusinessService-2000’s objections for the following reasons. The court found that a valid arbitration agreement in writing, as required by Article 7 of the Russian Law “On International Commercial Arbitration”, resulted from an arbitration clause in a contract between the parties. Moreover, the agreement was confirmed in the arbitral proceedings, in which MedBusinessService-2000 participated, notably by filing an answer to the request for arbitration and a counterclaim, without objecting to the arbitral tribunal’s jurisdiction. The Court also considered that the enforcement of the SCC award would not be contrary to the public policy of the Russian Federation since it would not produce results contrary to the universally recognized moral and ethical rules or threatening the citizens’ life and health, or the State’s security. |
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Attachment (2)
 Original Language Adobe Acrobat PDF |
Unofficial Translation Adobe Acrobat PDF |
