A “Notice In Russian Is ‘Proper Notice'”

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Source: CMS Cameron McKenna Nabarro Olswang LLP via mondaq.com 24 October 2017

“The UK Commercial Court refused to set aside an order allowing enforcement of a Russian award under the ICAC rules on grounds that the Notice commencing the arbitration served on an English Respondent, was almost entirely in Russian. The Ekran OAO v Magneco Metrel UK Ltd [2017] EWHC 2208 (Comm) case is of interest as there is little English authority as to what constitutes “proper notice” under the Arbitration Act 1996.”

“The decision shows that the UK courts are unlikely to be sympathetic to language barriers in international arbitration particularly where the parties have expressly contracted for proceedings to be in another language. This is to be contrasted with the position in litigation where the EU Service Regulation provides that documents served out of jurisdiction in another member state must be translated to a language that the addressee understands. These provisions will have to be reviewed in light of Brexit although it is suspected that requirements as to translation will remain unchanged as CPR 6.45 makes similar provision for non-member who are signatories to the Hague Service Convention 1965.”

Source article here

 

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