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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Unpublished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.
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