ARBITRATION · JUNE 2026

RUB 1.2 billion recovered from a bad-faith counterparty through international arbitration

The case ran for two years, from the pre-trial claim letter to enforcement of the award abroad.

News

The matter in brief

Practice: Litigation and Arbitration Result: RUB 1.2 billion recovered in full Duration: 2 years from claim letter to enforcement of the award
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Background. The client’s counterparty stopped performing a major contract and then moved part of its assets out of the jurisdiction where an award would have been easiest to enforce.

How the case ran. After pre-trial settlement failed, international arbitration proceedings were started. Once the award was issued, separate proceedings were needed to have it recognised and enforced abroad.

The outcome. Two years after the dispute began, the client received the full amount, RUB 1.2 billion. It shows that even when a debtor deliberately complicates recovery, a result is achievable through consistent work.

Law

The legal framework for recovery when a debtor moves assets away

The right to go to international arbitration rather than a state court is generally determined by the arbitration clause in the contract itself. Its wording decides which institution will hear the dispute and under which rules.

If there are grounds to believe the debtor is preparing to move assets, interim measures can be sought before or during the proceedings, such as freezing accounts or prohibiting the disposal of property. This can be done through a state court in support of the arbitration or through an emergency arbitrator under the rules of most leading arbitral institutions.

Recognition and enforcement of an arbitral award abroad most often takes place under the 1958 New York Convention. In contracting states the award is recognised through a simplified procedure, without a review of the merits, and recognition can be refused only on an exhaustive list of grounds.

If the assets have already been moved, a separate ground for recovery may be to challenge the transfers themselves as sham or feigned transactions, or as ones made in abuse of rights to the detriment of the creditor.

The arbitration clause in the contract Interim measures and the emergency arbitrator The 1958 New York Convention Challenging asset-stripping transactions
In numbers

Recovery abroad: time limits to bear in mind

General guidelines on time limits. How far they apply to a particular dispute depends on the governing law and the debtor’s jurisdiction.

3 years general limitation period Article 196 of the Russian Civil Code. It runs from the moment the creditor learned, or should have learned, of the violation of its right.
10 years maximum limitation period Paragraph 2 of Article 196 of the Russian Civil Code. This is an objective cut-off after which a claim is no longer protected, even if the violation was discovered later.
170+ states party to the convention The 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
7 grounds for refusing recognition An exhaustive list under Article V of the New York Convention: recognition of an award cannot be refused on any ground outside it.
Process

How recovery usually proceeds when a debtor evades payment

The general sequence of steps. The specific timeframes and the measures involved depend on the contract, the governing law and where the debtor’s assets are found.

I

Claim letter and contract analysis

We check the arbitration clause and the governing law, send a pre-trial claim letter and, in parallel, analyse what is known about the debtor’s assets and structure.

II

Interim measures

Where there are signs of asset stripping, we apply for an order freezing accounts or prohibiting the disposal of property, before the debtor has time to dispose of its assets.

III

The arbitration proceedings

We build the evidence, take part in the written phase and the hearings, and work towards an award on the merits of the claim.

IV

Recognition and enforcement abroad

We start recognition proceedings in the jurisdiction where the debtor’s assets are located and support enforcement until the client actually receives the money.

Risks

Why a debtor manages to move its assets

More often than not, assets are moved not when the dispute begins but before it. The creditor reacts to non-payment with a claim letter and a referral to arbitration, but does not check in advance what is happening to the counterparty’s property.

An application for interim measures is often filed too late, only once it is clear that the debtor does not intend to perform voluntarily, although it is more effective to make it at the earliest stage of the dispute.

A contract without additional security, such as a bank guarantee, a pledge or a surety, leaves the creditor with no independent source of recovery if the debtor itself has no assets by the time the award is enforced.

Another common misconception is that the money arrives automatically once the arbitral award is issued. In practice, a separate recognition and enforcement procedure is required in the country where the assets are located, with its own time limits and grounds on which the debtor may object.

The debtor’s assets are not checked in advance Interim measures are sought too late The contract has no additional security Expecting the award to be enforced automatically
Practice

How we handle recovery from evasive counterparties

While preparing the position on the merits, we assess where the debtor’s assets are actually located. An award won but impossible to enforce does not solve the client’s problem.

We treat interim measures not as a formality but as a separate stage of the strategy: the earlier the application is made, the less time the debtor has to dispose of its property.

For recognition and enforcement of the award abroad, we engage local lawyers in the jurisdiction where the debtor’s assets are located. The client deals with one point of contact and does not have to get to grips with the foreign procedure alone.

FAQ

Frequently asked questions

Why did the international arbitration take two years?+

The debtor deliberately complicated the process, including by later moving its assets, and separate proceedings were needed to have the award recognised and enforced abroad.

Can enforcement of an arbitral award abroad be speeded up?+

In part. The choice of jurisdiction for recognition and the quality of the document preparation have a significant effect on the timeframe, but procedural time limits cannot be removed altogether.

Would you like to assess the prospects of your case?+

Send a request and a litigation partner will contact you within one working day.