The Russian counter-sanctions measures
and enforcement of arbitral awards.
and enforcement of arbitral awards.
Mikhail Samoylov, July 14, 2025
As of today, multiple cases—either adjudicated or pending before various levels of Russian courts—illustrate differing impacts of counter-sanctions measures on arbitral awards.
In a previous case decided on June 26, 2025, arguments against a domestic arbitral award based on counter-sanction measures were unsuccessful. In Case No. А40-211260/2024, the award creditor sought enforcement of a domestic arbitral award. The award debtor objected, citing counter-sanctions measures under Russian Presidential decrees.
The dispute arose out of an assignment agreement. Initially, there was a supply contract dated 24.01.2022, concluded between an Estonian company (the buyer, and the initial creditor) and a Russian company (the seller, and the debtor). The buyer made an advance payment. Subsequently, an assignment agreement dated 24.11.2023 was concluded between the Estonian company and a Russian company—the second creditor—who commenced arbitration and obtained an award in its favor in 2024.
According to the debtor's view, the assignment agreement violated Russian counter-sanctions measures under the Russian Presidential decrees. However, both the court of first instance and the cassation court rejected this argument, holding that the Presidential decrees had not been breached by the arbitrator and, moreover, that the Presidential decrees did not apply to the assignment agreement in question. Thus, courts granted the enforcement of the arbitral award.
To conclude, whether the Russian counter-sanctions measures may undermine the enforceability of arbitral awards—both domestic and international—is a matter that requires careful, case-by-case consideration.
In a previous case decided on June 26, 2025, arguments against a domestic arbitral award based on counter-sanction measures were unsuccessful. In Case No. А40-211260/2024, the award creditor sought enforcement of a domestic arbitral award. The award debtor objected, citing counter-sanctions measures under Russian Presidential decrees.
The dispute arose out of an assignment agreement. Initially, there was a supply contract dated 24.01.2022, concluded between an Estonian company (the buyer, and the initial creditor) and a Russian company (the seller, and the debtor). The buyer made an advance payment. Subsequently, an assignment agreement dated 24.11.2023 was concluded between the Estonian company and a Russian company—the second creditor—who commenced arbitration and obtained an award in its favor in 2024.
According to the debtor's view, the assignment agreement violated Russian counter-sanctions measures under the Russian Presidential decrees. However, both the court of first instance and the cassation court rejected this argument, holding that the Presidential decrees had not been breached by the arbitrator and, moreover, that the Presidential decrees did not apply to the assignment agreement in question. Thus, courts granted the enforcement of the arbitral award.
To conclude, whether the Russian counter-sanctions measures may undermine the enforceability of arbitral awards—both domestic and international—is a matter that requires careful, case-by-case consideration.
(с) Mikhail Samoylov. 2025.
