Motieka & Audzevičius has successfully represented one of the major Serbian energy companies before the Supreme Court of Lithuania. The case concerned the recognition and enforcement of an ICC arbitral award which had also dealt with a complex issue of non-signatories in international arbitration.
Our client had prevailed in the first instance and obtained a writ of execution, allowing him to execute the ruling on enforcement of the ICC arbitral award. However, the latter ruling was immediately appealed to the Supreme Court of Lithuania. Subsequently, our team has also successfully represented the client before the Supreme Court of Lithuania which had held oral hearings that are very rare in such cases. Although the Supreme Court had suspended the case until annulment proceedings are finalized in the Courts of the place of arbitration, the Supreme Court for the first time in its practice had ordered the client’s counterparty to fully guarantee its obligations under the ICC arbitral award in accordance with Article VI of the New York Convention.
The case is of significant importance in Lithuanian international arbitration and the New York Convention practice, as well as on the issue of non-signatories in international commercial arbitration.