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.
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.
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.
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.
Constitutional Court: restraints and enforcement after arbitration
Constitutional Court of Russia · Inadmissibility determination · 2615-О
Novitskiy: timely protection and intervention after an LCIA award.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Moldova Constitutional Court: the debtor proves a notice objection
Constitutional Court of Moldova · Inadmissibility decision · 72 · 132g/2024
Inadmissibility Decision 72, referral 132g/2024.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Supreme Court: eligibility for evidence assistance
Supreme Court of Russia · Plenum resolution · 53
Institutional administration, ad hoc proceedings and foreign seats.
When the ad hoc label is not enough
Supreme Court of Russia · Plenum resolution · 53
Institutional features and the importance of the underlying facts.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Constitutional Court: organisational links and independence
Constitutional Court of Russia · Constitutional ruling · 30-П
Impartiality safeguards and a party’s connection with an organisation.
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.
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.
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.
No matching decisions.