Arbitral Digest

Matter

Russian Federation v Noga Import and Export Company (French Court of Cassation, First Civil Chamber, 9 December 2003)

Russian Federation v Noga Import and Export Company arbitration concerning annulment and enforcement and award, with related court proceedings.

  • Setting aside arbitral awards
  • Recognition and enforcement of arbitral awards
Seat
Sweden

Procedural record

  1. 17 June 1998Sweden

    17 June 1998Sweden

    Decision of the Stockholm Court of First Instance dated 17 June 1998

    Stockholm Court of First Instance

    Decision summary
    The Stockholm Court of First Instance rejected the challenge seeking annulment of the Stockholm arbitral awards.

    Participants

    Russian Federation
    Noga Import and Export Company
    Stockholm Court of First Instance

    9 months and 7 days later · 280 days

  2. 24 March 1999Sweden

    24 March 1999Sweden

    Decision of the Svea Court of Appeal dated 24 March 1999

    Svea Court of Appeal

    Decision summary
    The Svea Court of Appeal rejected the challenge seeking annulment of the Stockholm arbitral awards.

    Participants

    Russian Federation
    Noga Import and Export Company
    Svea Court of Appeal

    1 year, 11 months and 26 days later · 729 days

  3. 22 March 2001France

    22 March 2001France

    Judgment of the Paris Court of Appeal dated 22 March 2001

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal declared enforceable in France the Stockholm arbitral awards and the related Swedish court decisions; the French Court of Cassation subsequently quashed this judgment.

    Participants

    Russian Federation
    Noga Import and Export Company
    Paris Court of Appeal

    2 years, 8 months and 17 days later · 992 days

  4. 9 December 2003France

    9 December 2003France

    Judgment of the French Court of Cassation, First Civil Chamber, dated 9 December 2003

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation quashed the Paris Court of Appeal judgment of 22 March 2001 and held that the Paris Regional Court, seized under ordinary procedure, was incompetent to decide the French exequatur applications for the Stockholm awards and the related Swedish court decisions. It also rejected the Lugano Convention argument and condemned Noga to costs.

    Participants

    Russian Federation
    Noga Import and Export Company
    French Court of Cassation, First Civil Chamber

    Authorities cited

    3
    • Lugano Convention of 16 September 1988
      convention
    • French New Code of Civil Procedure
      statute
    • French Judicial Organisation Code
      statute
  5. Date not availableSweden

    Date not availableSweden

    Arbitral awards rendered in Stockholm on 1 February and 15 May 1997

    Stockholm Chamber of Commerce Arbitration Institute

    Decision summary
    The two Stockholm arbitral awards ordered the Russian Federation to pay Noga Import and Export Company USD 27,294,500.

    Participants

    Russian Federation
    Noga Import and Export Company
    Stockholm Chamber of Commerce Arbitration Institute
    Institutional administrator
    Stockholm Chamber of Commerce Arbitration Institute
  6. Date not availableFrance

    Date not availableFrance

    Paris Regional Court exequatur decision

    Paris Regional Court

    Decision summary
    The Paris Regional Court granted exequatur in France for the two Stockholm arbitral awards and the related Swedish court decisions.

    Participants

    Russian Federation
    Noga Import and Export Company
    Paris Regional Court

Matter record

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Russian Federation v Noga Import and Export Company (French Court of Cassation, First Civil Chamber, 9 December 2003) · Matter