By Charles Rae

A High Court decision has reiterated the difficulties international parties face in enforcing in England awards set aside by courts at the seat of arbitration. In Maximov v OJSC Novolipetsky Metallurgichesky Kombinat[1] the Claimant had applied for enforcement of an award made by the International Commercial Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation (‘ICAC’), notwithstanding that the award had been annulled by the Russian courts. The Claimant had argued that the perverse nature of the decisions annulling the award meant that they should not prevent the award being enforced in England. The High Court dismissed the application holding that the Claimant had failed to discharge the high threshold required in these circumstances to warrant enforcement of the award. There was no evidence that the annulment had been procured by actual bias and the decisions were not so extreme or incorrect as to lead to the conclusion that they had not been made by the Russian court in good faith.