𝗗𝗼 𝘀𝗮𝗻𝗰𝘁𝗶𝗼𝗻𝘀 𝗼𝘃𝗲𝗿𝗿𝗶𝗱𝗲 𝗮𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗶𝗼𝗻 𝗰𝗹𝗮𝘂𝘀𝗲𝘀 𝗶𝗻 𝗥𝘂𝘀𝘀𝗶𝗮? 𝗟𝗶𝗸𝗲𝗹𝘆 '𝘆𝗲𝘀,' 𝗯𝘂𝘁 𝘁𝗵𝗲𝗿𝗲 𝗶𝘀 𝗻𝗼 𝘀𝘁𝗿𝗮𝗶𝗴𝗵𝘁 𝗹𝗶𝗻𝗲 𝘁𝗼 𝘁𝗵𝗲 𝗮𝗻𝘀𝘄𝗲𝗿 𝘀𝗼 𝗳𝗮𝗿.

In Case No. A56-113018/2025, a Russian entity, disregarding an LMAA arbitration clause, brought a legal action against two Russian entities. By its ruling dated 28 May 2026, the court of first instance referred the parties to the agreed forum. The court held that (1) the claimant was not listed on any sanctions list, and (2) there was no evidence that the defendants, despite being included on the UK sanctions list, would face obstacles in accessing arbitration.

The court of appeal overturned the court of first instance's ruling. By its ruling dated 22 July 2026, the court of appeal held that, since the defendants are included on the UK sanctions list, this creates objective obstacles to accessing arbitration; consequently, the dispute is subject to the exclusive jurisdiction of the Russian courts. The court of appeal's ruling may be subject to cassation review.

Recently, in Case No. A43-34213/2023, a Russian court, by its ruling dated 28 June 2026, upheld an LMAA arbitration clause in a case brought by a Cyprus-based entity. The court held that neither party to the dispute had been included on any sanctions list. The ruling dated 28 June 2026 has been appealed; the hearing date has not yet been set.

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