⚖️ The Commercial Court of the Moscow Region overturned a ruling terminating proceedings on enforcement of an ICAC at the RF CCI award against a Ukrainian debtor, relying on Article 248.1 of the Russian Commercial Procedure Code

Earlier, we reported that the Commercial Court of the city of Moscow had terminated proceedings on the issuance of a writ of execution for enforcement of an award rendered by the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (ICAC at the RF CCI) in favor of JSC "NORMETIMPEX" (the applicant) against JSC "Zaporozhtransformator" (the interested party). The court terminated the proceedings on the grounds that the claims under the ICAC award had already been included in the register of creditors' claims of Ukraine on the basis of a judicial act of the Kyiv Court of Appeal. The court held that, under such circumstances, the applicant was not entitled to initiate a separate enforcement proceeding.

The applicant filed a cassation appeal with the Commercial Court of the Moscow District.

The cassation court disagreed with the court of first instance and upheld the applicant's arguments. The court noted that the ICAC award cannot be enforced in Ukraine by virtue of paragraph 5 of Article 4 of Ukrainian Law No. 2116-IX of March 3, 2022 "On the Basic Principles of Compulsory Seizure in Ukraine of Property Objects Owned by the Russian Federation." This act established the compulsory seizure of Russian property in Ukraine and declared the debts of Ukrainian organizations (both state and private) to be extinguished.

The court also recognized the exclusive jurisdiction of Russian courts, citing Article 248.1 of the Russian Commercial Procedure Code, since the basis for this dispute is the restrictive measures imposed by a foreign state (Ukraine) against Russian persons.

📎 The full text of the judgment is available here.

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