Clifford Chance successfully defends Eckes-Granini Group against the enforcement of a Russian arbitration award in Germany
11 May 2022
- Uwe Hornung, Peter Burckhardt, Paul Hauser, Christian Eli, Pauline Lafleure-Höflich, Claudia Milbradt, Judith Dany, David Pasewaldt, Gerson Raiser, , Thibaud d'Alès, Marie-Isabelle Delleur, Irène Grialou, Dorothée Vermeiren, Stijn Van Walleghem
- Frankfurt, Düsseldorf, Paris, Brussels
Clifford Chance successfully defends Eckes-Granini Group against the enforcement of a Russian arbitration award in Germany
Clifford Chance has successfully represented Eckes-Granini Group on its defence against an application to have a Russian arbitration award declared enforceable in Germany. In a decision of 31 March 2022, the Second Civil Division of Koblenz Higher Regional Court (OLG) ruled that the award could not be recognised and enforced (case file no. 2 Sch 3/20).
Back in 2003, Eckes-Granini Group entered into an arrangement with Axel Hartmann, a businessman working in Russia, in order to establish itself on the Russian market. When this did not have the commercial results which had been hoped for and contractually agreed, Eckes terminated the partnership in December 2007 and withdrew from the Russian market.
Nine years later, Mr. Hartmann filed a request for arbitration in Moscow against several companies belonging to Eckes-Granini Group, as well as against a number of managing directors, stating that the business relationship had not been terminated properly and demanding compensation of EUR 70 million. The respondents denied all of the accusations, stating that they were false and far-fetched, and questioned the jurisdiction of the arbitration tribunal.
In May 2019, two of the three arbitrators allowed the arbitration award with a value of almost EUR 50 million. The third arbitrator did not endorse the award and rendered a dissenting opinion, pointing out that the arbitration tribunal did not have proper jurisdiction, the prerequisites for a claim for compensation due to improper conduct had not been sufficiently substantiated and the calculation of the amount of damages did not have any plausible basis.
Mr. Hartmann then began attempts to have the award enforced in various European countries, but not initially in Germany, despite it being the main focus of Eckes-Granini Group's business operations and where its assets are located.
Convinced that the Russian award would not be recognised in Germany and could not be declared enforceable there due to issues regarding its legitimacy, Eckes-Granini applied with the Koblenz Higher Regional Court for a declaratory ruling that such recognition was to be refused. Mr. Hartmann then applied for the award to be recognised and declared enforceable. This motion has now been dismissed by the Koblenz Higher Regional Court.
The Court stated that the declaration of enforceability should be denied in view of the fact that the arbitration tribunal did not have jurisdiction to decide on this matter and that the arbitration clause used by Mr. Hartmann and on which two of the three members of the tribunal based their decision does not bear any subjective or objective relation to the issue at hand. According to the Higher Regional Court, the tribunal "ultimately chose the benchmark for its decision on the extension of the arbitration clause on third-party non-signatories based on its own individual conviction, i.e. what it felt was 'right', without considering any applicable legal requirements".
Eckes-Granini Group continues to defend itself against attempts by Axel Hartmann to enforce the award in a number of other European jurisdictions.
The Clifford Chance team in Germany comprised partner Uwe Hornung, counsel Peter Burckhardt and Paul Hauser, senior associate Christian Eli, associate Pauline Lafleure (all Litigation, Frankfurt), partner Claudia Milbradt and associate Judith Dany (both IP, Dusseldorf), partner David Pasewaldt and counsel Gerson Raiser and associate Pedram Karami (all White Collar, Frankfurt).
The Clifford Chance team advising in the other European jurisdictions also included partner Thibaud d'Ales, counsel Marie-Isabel Delleur and associate Irène Grialou (all Litigation, Paris), partner Dorothee Vermeiren and associate Stijn van Walleghem (both Brussels). The Clifford Chance team also worked with local lawyers in Hungary and Switzerland.