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Decisions and commentary

Case law

The decision, its facts, the court’s reasoning and the limits of the conclusion.

Supreme Court: expert evidence and procedural safeguards

Supreme Court of Russia · Judicial chamber determination · 305-ЭС25-4373 (2,3) · А40-135640/2024
Challenging an expert, questioning experts and compliance with institutional rules.

RussiaProcedure and evidenceRemittal

AIFC: professional connections and an arbitrator challenge

Court of First Instance of the Astana International Financial Centre · Judgment and order · separate AIFC framework · AIFC-C/CFI/2026/0029
Shared academic and professional affiliations were assessed against the evidence. Disagreement with procedural rulings did not establish bias.

KazakhstanIndependence and challengeChallenge refused

Supreme Court: agreeing to arbitrate during a court case

Supreme Court of Russia · Plenum resolution · 15
Choosing arbitration while a civil court case is being prepared.

RussiaAgreementGeneral guidance

Moldova: choosing the court when the defendant’s address information conflicts

Supreme Court of Justice of Moldova (CSJ) · Order resolving a negative jurisdictional conflict · 2ac-84/26
OTP Bank’s claim against individuals was referred to a Chișinău court: current register data and an old address carry different evidential weight.

MoldovaState-court jurisdictionCompetent court identified

Constitutional Court: restraints and enforcement after arbitration

Constitutional Court of Russia · Inadmissibility determination · 2615-О
Novitskiy: timely protection and intervention after an LCIA award.

RussiaSanctions and foreign proceedingsComplaint inadmissible

Supreme Court: a private loan is not necessarily consumer credit

Supreme Court of Russia · Judicial chamber determination · 5-КГ25-36-К2
Classify the relationship before applying consumer-credit restrictions.

RussiaArbitrabilityRemittal

Armenia: the debtor’s property share after arbitration

Armenian Court of Cassation, Civil Chamber · Decision with a dissenting opinion · ԵԴ/50197/02/21
Separation of a property share for execution, limitation and a two-judge dissent.

ArmeniaEnforcement and reviewRemittal

Constitutional Court: sanctions do not make restraints automatic

Constitutional Court of Russia · Inadmissibility determination · 999-О
OWH SE i.L.: the agreement, obstacles and the protected party’s choice.

RussiaSanctions and foreign proceedingsComplaint inadmissible

Armenia: appealing a setting-aside court order

Armenian Court of Cassation, Civil Chamber · Decision on a cassation complaint · ԵԴ/52031/02/22
Why a court’s appeal notice does not create an appellate route absent from the statute.

ArmeniaEnforcement and reviewOther outcome

Supreme Court: a procedural refusal to review jurisdiction can reach cassation

Supreme Court of Russia, Civil Chamber · Judgment on a cassation complaint · № 5-КГ24-90-К2; УИД 77RS0032-02-2023-014239-92
Return of a complaint against leaving the application without consideration reversed; tribunal jurisdiction remained undecided.

RussiaProcedure and evidenceAccess to cassation restored

Antrix/Devas: an ICC-or-UNCITRAL clause received a workable interpretation

French Court of Cassation, First Civil Chamber · Cassation appeals dismissed; withdrawal of one appeal recorded · 22-16.580, 22-19.327, 23-15.649; ECLI:FR:CCASS:2024:C100592
The tribunal-constitution objection remained rejected: the particular contract allowed a choice between institutional and ad hoc arbitration.

FranceAgreementEnforcement upheld

Sulu: effective interpretation cannot replace consent to a determinant arbitrator

French Court of Cassation, First Civil Chamber · Judgment dismissing appeals · 23-17.615; ECLI:FR:CCASS:2024:C100591
Disappearance of the office determinant of consent left refusal of exequatur for a partial jurisdiction award intact.

FranceAgreementEnforcement refused

UniCredit: an English injunction supporting Paris-seated arbitration

UK Supreme Court · Judgment dismissing a jurisdiction appeal · [2024] UKSC 30; UKSC/2024/0015
Agreement law, court jurisdiction and a party-directed injunction, distinguished from the 2025 legislative change.

England and WalesSanctions and foreign proceedingsInjunction upheld

Kazakhstan Constitutional Court: limited review and judicial protection

Constitutional Court of Kazakhstan · Normative resolution · 51-НП
Normative Decision 51-NP on the prohibition of merits re-examination.

KazakhstanEnforcement and reviewConstitutional ruling

Supreme Court: public policy and foreign-award enforcement

Supreme Court of Russia · Judicial chamber determination · 304-ЭС24-2799 · А45-19015/2023
The FOSFA case: examining objections to recognition in Russia.

RussiaEnforcement and reviewRemittal

Moldova: ICAC award recognition and the limits of judicial review

Supreme Court of Justice of Moldova (CSJ) · Decision on an appeal concerning recognition and enforcement · 2r-570/23; 2-23058026-01-2r-13122023
The court upheld recognition of a Russian award and documented costs. Disagreement with the result requires a specific ground and evidence.

MoldovaForeign awardsEnforcement upheld

Moldova Constitutional Court: the debtor proves a notice objection

Constitutional Court of Moldova · Inadmissibility decision · 72 · 132g/2024
Inadmissibility Decision 72, referral 132g/2024.

MoldovaProcedure and evidenceComplaint inadmissible

Website content as evidence

Commercial Court of Tambov Region · First-instance judgment · А64-10766/2023
Public offers were assessed alongside the facts of an attached-property dispute.

RussiaModel and tribunalOther outcome

Ad hoc: the boundary of organisational arrangements

Constitutional Court of Russia · Determination refusing admission of a complaint · 826-О
One-off arrangements for a particular case and an unlawful substitute for an institution.

RussiaModel and tribunalComplaint inadmissible

Moldova CSJ: attachment of a shareholding pending foreign-award recognition

Supreme Court of Justice of Moldova (CSJ) · Decision on a challenge to a protective order · 2r-449/23; 2-23129359-01-2r-20102023
Security maintained in the Moldovan Government’s proceedings against Komaksavia Airport Invest and Avia Invest.

MoldovaInterim measuresInterim protection maintained

Kazakhstan Supreme Court: evidence, ad hoc proceedings and enforcement consequences

Supreme Court of Kazakhstan · Normative resolution · № 3
Paragraphs 24, 27 and 36–37: court assistance and the boundaries of subsequent intervention.

KazakhstanCourt assistanceNormative guidance

Supreme Court: an ad hoc arbitrator needs no institutional listing

Supreme Court of Russia · Judicial chamber determination · 20-КГ23-11-К5
Actual administration and the correct statutory ground for refusal.

RussiaModel and tribunalRemittal

Supreme Court: assumed institutional connections are insufficient

Supreme Court of Russia · Judicial chamber determination · 304-ЭС22-6536
Clause validity and a particular arbitrator’s impartiality are distinct issues.

RussiaModel and tribunalCourt claim left without consideration

Kabab-Ji in France: independent assessment of an international clause

French Court of Cassation, First Civil Chamber · Judgment dismissing cassation appeal · 20-20.260; ECLI:FR:CCASS:2022:C100679
Choosing English law for the contracts did not establish the requisite separate choice for the arbitration agreement’s effectiveness.

FranceApplicable lawSetting aside refused

Belokon: public policy and independent assessment of evidence

French Court of Cassation, First Civil Chamber · Dismissal of cassation appeal · 17-17.981; ECLI:FR:CCASS:2022:C100338
Annulment of the investment award was preserved: French review addressed the effects of money-laundering activity while requiring adversarial process.

FrancePublic policyAward set aside

After the writ: restoring the period for presenting it for execution

Armenian Court of Cassation, Civil and Administrative Chamber · Decision varying the lower-court order · ԵԿԴ/0736/17/16
Cassation itself restored the period because the court had not established timely dispatch and receipt of the writs based on an arbitral award.

ArmeniaEnforcement and reviewWrit-presentation period restored

Supreme Court: sanctions presumption and completed arbitration

Supreme Court of Russia · Judicial chamber determination · 309-ЭС21-6955(1–3), А60-36897/2020
Uraltransmash: access-to-justice reasoning, yet final refusal of a restraint.

RussiaSanctions and foreign proceedingsInjunction refused

CAJ v CAI: a late defence and the tribunal’s own experience

Singapore Court of Appeal · Full grounds of the appeal decision · [2021] SGCA 102; Civil Appeals 11 and 43/2021
Partial setting aside affirmed: the calculation relied on a new closing-submission defence and the tribunal’s undisclosed experience.

SingaporeProcedure and evidenceAward partly set aside

Kabab-Ji in England: agreement law and a non-signatory company

Supreme Court of the United Kingdom · Judgment on appeal · [2021] UKSC 48; UKSC/2020/0036
Enforcement against Kout Food Group refused, with limits on extrapolating the decision after the 2025 reform.

England and WalesApplicable lawEnforcement refused

Belarus Supreme Court: identifying the chosen tribunal

Supreme Court of Belarus · Economic-case ruling · 156ЭИх21155
Refusal of a Vilnius award and the limits of a geographic clause.

BelarusAgreementEnforcement refused

CBS v CBP: exclusion of witness evidence and setting aside

Singapore Court of Appeal · Judgment on appeal · [2021] SGCA 4; Civil Appeal 30/2020
The Court affirmed setting aside of the entire award for a substantial denial of the opportunity to present a case.

SingaporeProcedure and evidenceAward set aside

Sun Yang: arbitrator impartiality and the limits of social-media diligence

Swiss Federal Tribunal, First Civil Law Court · Judgment on revision · 4A_318/2020; ATF 147 III 65
The CAS award was annulled following discovery of the presiding arbitrator’s posts; the court examined both their content and reasonable party diligence.

SwitzerlandIndependence and challengeAward set aside

Halliburton: disclosure breach and removal require distinct assessments

UK Supreme Court · Judgment on an appeal against refusal of removal · [2020] UKSC 48; UKSC/2018/0100
Overlapping arbitrations, the disclosure duty and refusal to remove, with the separate 2025 statutory development.

England and WalesIndependence and challengeChallenge refused

Moldova: unclaimed mail and an enforcement objection

Supreme Court of Justice of Moldova (CSJ) · Decision on an appeal concerning recognition and enforcement · 2r-525/2020
Enforcement of a Belarusian award was upheld. The court examined proof of a notice defect and compliance with service rules.

MoldovaNotice to the partiesEnforcement upheld

GE Energy: a nonsignatory and domestic estoppel

US Supreme Court · Judgment on certiorari · No 18-1048
No Convention prohibition; the particular company’s entitlement to seek arbitration remained for remand.

United StatesAgreementRemittal

Supreme Court: eligibility for evidence assistance

Supreme Court of Russia · Plenum resolution · 53
Institutional administration, ad hoc proceedings and foreign seats.

RussiaProcedure and evidenceGeneral guidance

When the ad hoc label is not enough

Supreme Court of Russia · Plenum resolution · 53
Institutional features and the importance of the underlying facts.

RussiaModel and tribunalGeneral guidance

Moldova CSJ: consumers and the court’s own enforcement review

Supreme Court of Justice of Moldova (CSJ) · Advisory opinion · № 106
Unfair contract terms and refusal of an enforcement instrument under Code Article 485(2).

MoldovaConsumers and enforcementAdvisory opinion

Supreme Court: a state-court clause is not consent to private arbitration

Supreme Court of Russia · Judicial chamber determination · 301-ЭС18-24455 · А31-7930/2018
Atameken: a final refusal to recognise a foreign award.

RussiaAgreementEnforcement refused

Moldova: when an arbitration-clause objection comes too late

Supreme Court of Justice of Moldova (CSJ) · Decision on a cassation appeal · 2ra-185/18
The defendant participated at first instance with counsel but invoked the clause on appeal. CSJ quashed the order removing the claim from the court’s docket.

MoldovaAgreementRemittal

Supreme Court: objections raised too late

Supreme Court of Russia · Judicial chamber determination · 305-ЭС18-6787
Knowledge of the agreement, party conduct and waiver of an objection.

RussiaProcedure and evidenceSetting aside refused

Supreme Court: procurement under 223-FZ is not automatically non-arbitrable

Supreme Court of Russia · Judicial chamber determination · 305-ЭС17-7240 · А40-165680/2016
Case A40-165680/2016 and the limits of its arbitrability holding.

RussiaArbitrabilityEnforcement upheld

Supreme Court: notice at the supplied address

Supreme Court of Russia · Judicial chamber determination · 5-КГ18-83
Proper dispatch of arbitration documents and the recipient’s address.

RussiaProcedure and evidenceRemittal

Financial-service consumers: a clause and access to a state court

Armenian Court of Cassation, Civil and Administrative Chamber · Decision on a cassation complaint · ԵԿԴ/3817/02/16
A pre-dispute loan clause did not prevent the consumer’s court claim; cassation preserved the remittal for a fresh hearing.

ArmeniaArbitrabilityRemittal of the claim preserved

Supreme Court: arbitration cannot bypass privatisation requirements

Supreme Court of Russia · Judicial chamber determination · 310-ЭС17-12469 · А64-906/2017
Non-arbitrability and public policy in a municipal-property dispute.

RussiaArbitrabilityEnforcement refused

Supreme Court: the agreement must be proved

Supreme Court of Russia · Judicial chamber determination · 305-ЭС17-993 · А40-60583/2016
Proof of consent in enforcement of foreign ad hoc awards.

RussiaAgreementRemittal

Supreme Court: the limits of award review

Supreme Court of Russia · Judicial chamber determination · 305-ЭС17-2111
Court supervision and the statutory grounds for setting aside.

RussiaEnforcement and reviewEnforcement upheld

IPCO: adjournment security is not a price for the right to object

UK Supreme Court · Appeal allowed; objections remitted for determination · [2017] UKSC 16; UKSC/2015/0247
Additional USD 100 million security set aside; objections remitted for determination and existing guarantees preserved.

England and WalesEnforcement and reviewSecurity condition set aside

Supreme Court: separability of the clause

Supreme Court of Russia · Judicial chamber determination · 306-ЭС16-4741
The validity of the underlying contract and the arbitration agreement.

RussiaAgreementSetting aside refused

Armenia: an opportunity to object in enforcement court

Court of Cassation of Armenia · Civil-case ruling · ԵԿԴ/1636/17/15
Court of Cassation, EKD/1636/17/15: notice of the state-court hearing.

ArmeniaProcedure and evidenceRemittal

Kyrgyzstan: finality and subsequent reform

Constitutional Chamber of the Supreme Court of Kyrgyzstan · Constitutional ruling · 16-р
Constitutional Chamber Decision 16-r; historical holding and the 2025 amendment.

KyrgyzstanEnforcement and reviewConstitutional ruling

Moldova CSJ: obtaining evidence with court assistance

Supreme Court of Justice of Moldova (CSJ) · Plenum resolution, 16 October 2017 version · № 2; изменения № 13/2017
Paragraphs 25–27 connect tribunal approval, the request’s contents and judicial assistance.

MoldovaCourt assistancePlenum guidance

Constitutional Court: organisational links and independence

Constitutional Court of Russia · Constitutional ruling · 30-П
Impartiality safeguards and a party’s connection with an organisation.

RussiaModel and tribunalConstitutional ruling

Consumer arbitration is not categorically barred: the 2012 Supreme Court Review

Russian Supreme Court Presidium; account of the Civil Chamber’s position · Judicial practice review; account of an individual case · Обзор от 14.03.2012; определение № 19-В11-24
Case 19-V11-24 in the Q4 2011 Review: consumer consent and the limits of the historical rule on adhesion contracts.

RussiaConsumer disputesOther outcome

Constitutional Court: the foundation of arbitration

Constitutional Court of Russia · Constitutional ruling · 10-П
Why parties may submit a civil dispute to arbitrators of their choice.

RussiaArbitrabilityConstitutional ruling

Dallah: the enforcement court independently examines consent

Supreme Court of the United Kingdom · Judgment on appeal · [2010] UKSC 46; UKSC/2009/0165
Enforcement against Pakistan refused: the tribunal’s jurisdictional finding did not bind the English court.

England and WalesAgreementEnforcement refused