Arbitration: Examples of Refusal of Recognition and Enforcement

Examples of refusal of recognition and enforcement under Article V(2)(b) are:

– The Court of Appeal of Bavaria refused recognition and enforcement of a Russian award on the ground of public policy because the award had been made after the parties had reached a settlement, which had been concealed from the arbitrators; 1

– The Federal Arbitrazh (Commercial) Court for the District of Tomsk, in the Russian Federation, denied enforcement of an ICC award rendered in France, finding that the loan agreements in respect of which the award had been rendered were an illegal arrangement between companies of the same group and that the dispute was simulated. 2

1. Germany: Bayerisches Oberstes Landesgericht, 20 November 2003 (Seller v. Buyer) Yearbook Commercial Arbitration XXIX (2004) pp. 771-775 (Germany no. 71).

2. Russian Federation: Federal Arbitrazh (Commercial) Court, District of Tomsk, 7 July 2010 (Yukos Capital S.A.R.L. v. OAO Tomskneft VNK) Yearbook Commercial Arbitration XXXV (2010) pp. 435-437 (Russian Federation no. 28)

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