Russian court reconsiders decision and refuses interim relief in support of LCIA arbitration (Moscow City Court)
In Case No 33-16033/2026, the Moscow City Court reconsidered a previous decision and refused interim relief in support of an LCIA arbitration.
Authors: Maxim Kulkov (Managing partner) and Maria Ivanova (Associate), KK&P Trial Lawyers
The LCIA arbitration is related to the non-payment by the buyer of software (respondent) from the seller (claimant). The claimant applied to a Russian court for interim relief in support of the arbitration, pointing out that the buyer was disposing its assets, which could make any future enforcement of the arbitral award difficult.
The Russian Zamoskvoretsky District Court granted the application for interim relief (see Legal update, Russian court grants interim relief in support of LCIA arbitration (Zamoskvoretsky District Court), which was upheld by the Appellate Moscow City Court. However, the Сassation Сourt overturned the decisions and referred the case to the Moscow City Court for reconsideration.
The Moscow City Court refused the application for interim relief on the grounds that the:
- Applicant had failed to prove the necessity and proportionality of the requested measures.
- UK is included in the list of “unfriendly states”.
This case is significant in demonstrating that Russian courts will refuse to support arbitrations in “unfriendly states”, even where both parties are Russian, neither disputes the arbitral tribunal’s jurisdiction and the dispute is not connected to sanctions against Russia.
Case No 33-16033/2026 (Moscow City Court) (29 April 2026) (in Russian language).
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