๐ท๐บ The Russian courts recognized an ICSID Additional Facility Award. The parties to the ICSID Additional Facility proceeding were a Russian investor and a state subject to EU and U.S. sanctions.
In parallel, the courts rejected the debtor's argument that the arbitral proceedings violated the principles of impartiality and objectivity on the grounds that the arbitrators were from "unfriendly" countries (Bulgaria ๐ง๐ฌ, Switzerland ๐จ๐ญ/Brazil ๐ง๐ท, and Canada ๐จ๐ฆ).
The courts noted that the arbitral panel was composed of arbitrators from countries that were, and still are, considered "unfriendly" to both parties involved in the ICSID Additional Facility proceedings. Therefore, it can be inferred that the courts considered the parties to have been on equal footing.
โ๏ธReferences to the court decisions (Case No ะ40-46865/2024):
- First-instance court ruling dated November 5, 2024.
- Appeal court decision dated February 5, 2025.
- Cassation court decision dated April 29, 2025.
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