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Constitutional Court · 2615-O

Constitutional Court: restraints and enforcement after arbitration

Novitskiy: timely protection and intervention after an LCIA award.

Identification and chronology

An inadmissibility determination concerning E. G. Novitskiy. Section 1 describes a guarantee with an LCIA clause, a Russian application in May 2024 and the LCIA award of 25 June 2024. The applicant sought to extend the restraint to enforcement.

Issue

Completion changes the requested protection. Restraining adjudication and intervening in subsequent enforcement affect different conduct and party rights. The latter cannot simply be labelled continuation of the former.

Reasoning, sections 2–3

The Court stressed earlier application and the absence of established circumstances preventing it. Measures concerning enforcement require assessment of the dispute, restrictions affecting both sides, good faith and the award’s consequences. The applicant’s allegation of inadequate notice was not treated as a proven judicial finding.

Disposition and separate remedy

The complaint was inadmissible. The Court neither annulled the LCIA award nor restrained enforcement. Statutory objections to recognition remain available, including New York Convention Article V(1)(b).

Practical significance

Prepare a dated chronology of notices, applications and orders. The official PDF and full text in a legal database distinguish the applicant’s assertions from the Court’s conclusions.

General information. The applicable legal framework depends on the particular dispute, seat and enforcement country.