Case number: 149
Article number: model arbitration law / 34(2)
Thessaurs issue:
Country of decision: Russian Federation
Year of decision: 1995
Type of decision: Judicial decision

Case 149: MAL 34(2)
Russian Federation: Moscow City Court 18 September 1995
Original in Russian
Unpublished

The plaintiff, against whom an arbitral award had been made, applied to have the award set aside, arguing that the award was in conflict with the public policy of the Russian Federation, since it obliged the plaintiff (respondent in the arbitral proceedings) to pay the defendant (claimant in the arbitral proceedings) a sum of money in foreign currency whereas the plaintiff did not have a foreign currency account.

The court did not agree that the award made by the arbitral tribunal ordering the Russian plaintiff (respondant) to make the payment in foreign currency was in conflict with the public policy of the Russian Federation, even if the plaintiff did not have foreign currency at its disposal. In that connection, the court noted that, in the enforcement of the award, the competent court had the option of modifying the arrangements and procedures for enforcement.