In the recent Case No. А21-4252/2026 (RUSAL v. OWH SE i.L.), a Russian court held that either party to an arbitration — whether the award creditor or the award debtor — may seek recognition and enforcement of an arbitral award before a court.

I wonder whether this approach is inconsistent with the 1958 New York Convention, or whether it falls within Article IV, given that the provision refers only to “the party applying” for recognition and enforcement. Article IV does not expressly state that an award debtor is precluded from seeking recognition of the award. Nor, as far as I am aware, does the commentary say so.

🔗 Follow the link to read the 21-page judgment dated 28 May 2026 in Case No. А21-4252/2026, in Russian.

ProArbitration.Ru ✈