Medivolve Inc v. JSC Chukotka Mining And Geological Company

Facts

Medivolve (based in Ontario) entered into a contract with Chukotka (based in Russia) for the supply of COVID-19 testing kits. A dispute arose regarding alleged defects with the goods supplied. This resulted in Chukotka commencing an arbitration against Medivolve before the International Commercial Arbitration Court ("ICAC"), a Moscow-based arbitration institution.

After Chukotka commenced arbitration, ICAC attempted to deliver a copy of Chukotka's claim by registered mail to Medivolve's registered address and its head office. Medivolve did not receive the claim through the mail because the courier could not find Medivolve at either address; without advising Chukotka or ICAC, Medivolve had moved to a new office in the preceding weeks and failed to update its address in the federal corporate registry in a timely manner. However, Chukotka successfully notified Medivolve of its statement of claim and notice of arbitration through email.