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Eterna Law

SOPHIA BUSINESS CENTER, 6 RYLSKIY LANE, 01601 KYIV, UKRAINE
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Almaty, Kiev, Moscow

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AstapovLawyers successfully secured the enforcement of an arbitration award of...

November 2012

International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation 

AstapovLawyers successfully represented OJSC “Efirnoye” in international arbitration award recognition and enforcement proceedings in Malaysia against a major Malaysian vegetable oils trader Alfa Trading Limited.

AstapovLawyers successfully represented OJSC "Efirnoye" in international arbitration award recognition and enforcement proceedings in Malaysia against a major Malaysian vegetable oils trader Alfa Trading Limited.

The dispute between OJSC "Efirnoye" and Alfa Trading Limited was referred to International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation and a final abitration award was issued in favour of the former. The arbitration award was challenged by Alfa Trading Limited to courts of the Russian Federation alleging breach of arbitration procedure and Russian public policy. The arguments of Alfa Trading Limited were largely based on allegations that the arbitral tribunal has failed to properly identify the proper applicable law and that this constituted a breach of arbitration procedure and public policy. These challenges failed.

At the same time OJSC "Efirnoye" submitted the arbitration award to Malaysian courts for recognition and enfrocement. The trial court and the court of appeal in Malaysia both agreed with the approach of the Russian courts and allowed recognition and enforcement of the arbitration award.

The case was handled by Eugene Blinov, AstapovLawyers' Counsel and Anna Sharykina, Associate.

"This case has set important case law both in Russia and Malaysia. One may say that now it is trite law that challenges based on alleged wrong choice of applicable law by the arbitrators are outside the jurisdiction of state courts. The courts in Malaysia and Russia have clearly established that determination of applicable substantive law is not a matter of arbitration procedure and that respective findings of a tribunal form a part of the award on the merits, which may not be challenged on such grounds", - commented Mr Blinov.

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