In Case No. A40-92702/2025, the Moscow Arbitrazh Court issued a decision regarding Wintershall Dea GmbH’s application for an injunction related to arbitration proceedings under the Permanent Court of Arbitration (PCA).

The court prohibited Wintershall Dea, its representatives, successors, and beneficiaries, as well as the law firm Aurelius Cotta, from continuing or supporting the PCA arbitration. Additionally, the arbitrators Charles Poncet (Switzerland) and Olufunke Adekoya (Nigeria) were prohibited from requesting evidence, holding hearings, or issuing awards in the PCA case.

A monetary penalty of EUR 7.5 billion was imposed for non-compliance, applicable to Wintershall Dea, its counsel, and the arbitrators.

The Russian Prosecutor General’s Office petitioned the court to block the proceedings under Articles 248.1 and 248.2 of the Arbitrazh Procedure Code (APK). Article 248.1 grants exclusive jurisdiction to Russian Arbitrazh courts when Russian parties are affected by restrictions imposed by foreign states. The court invoked the 1965 UN Declaration on the Inadmissibility of Intervention in Domestic Affairs, noting that foreign sanctions cannot affect the rights of Russian legal entities within Russia.

The Moscow Arbitrazh Court cited Supreme Court of the Russian Federation ruling on sanctions and access to justice, noting that foreign sanctions can trigger Russia “exclusive jurisdiction” as sanctions weaken access to justice abroad. Claims based on compliance with unilateral sanctions regimes are not protected under Russian law.

By imposing substantial fines, Russian courts have taken a strong position in protecting domestic interests in international arbitration. This is a firm pushback against foreign dispute resolution mechanisms and greater legal risk of the enforceability of arbitral awards against Russia globally.

Read the English redacted version of the case here.