Identification and facts
An inadmissibility determination. VTB and OWH SE i.L. disputed an agreement containing an HKIAC clause and Hong Kong seat. A Russian court awarded the debt and imposed restraints; the foreign company challenged Articles 248.1–248.2 constitutionally.
Position and location
Section 2: sanctioned status does not automatically trigger exclusive jurisdiction or restraints. The Court considered the treaty/agreement qualification, paragraph 4 on obstacles to justice and paragraph 5 on recognition where no objection or restraint application was made.
Disposition and limits
The complaint was inadmissible. The Constitutional Court did not issue a new restraint, retry the debt or invalidate the clause for every future relationship. Its constitutional explanation is distinct from reassessment of the individual facts.
Practical assessment
Check the clause, particular measures, protected party’s procedural position and chosen remedy. See the guide to Articles 248.1–248.2.
General information. The applicable legal framework depends on the particular dispute, seat and enforcement country.