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ARTICLE · 03 FEBRUARY 2025

Swedish Court Asks CJEU To Clarify Effect Of Russia-Related Sanctions

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The Court has requested a preliminary ruling from the CJEU on three issues relating to Art. 11(1) of Council Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's action

GlobalLitigation, Mediation & Arbitration
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A&O Shearman
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Udo Herbert Olgemöller
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Tim Dlugosch
Maike Hölscher
Maike Hölscher
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The Swedish Court of Appeal (Court) has requested a preliminary ruling from the Court of Justice of the European Union (CJEU) to clarify the effect and scope of Russia-related sanctions. The anticipated ruling by the CJEU will have important implications for the arbitrability of disputes affected by Russia-related sanctions.

Arbitral tribunal finds the dispute arbitrable

In 2015, JSC VO Stankoimport (Stankoimport), a Russian buyer, and NV Reibel (Reibel), a Belgian seller, concluded a contract over the supply of goods. The contract was governed by Swedish law and contained an arbitration clause with a Swedish seat.

Stankoimport prepaid part of the contract price to Reibel. In March 2017, a Belgian authority refused to issue a license for Reibel to export the goods to Stankoimport, finding that exporting the goods would violate European Union (EU) sanctions. An appeal by Reibel to the Belgian Conseil d'État was unsuccessful.

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