On 8 June 2026, the Bombay High Court rendered an important decision in proceedings brought by EuroChem North-West 2 LLC against Tecnimont S.p.A., refusing an application for interim relief seeking the attachment of assets reportedly valued at approximately RUB 171 billion.
The ruling addresses fundamental issues concerning the interplay between international arbitration agreements and the recognition of foreign court judgments at the pre-enforcement stage.
The Court noted that Indian procedural law establishes a rebuttable presumption in respect of foreign judgments, meaning that the jurisdiction of the foreign court remains subject to review by Indian courts.
The Court further held that such presumptions cannot be applied automatically at the interlocutory stage where there are prima facie doubts as to the foreign court’s jurisdiction or compliance with the principles of natural justice.
Justice Gauri Godse observed that, when considering an application for interim relief founded upon a foreign judgment, the court must be satisfied on a prima facie basis that the judgment was rendered by a court of competent jurisdiction, subject to the exceptions set out in the Code of Civil Procedure, 1908.
Having regard to the particular circumstances of the case, the Court concluded that it was not possible at this stage of the proceedings to determine whether the disputes between the parties properly fell within the jurisdiction of the Moscow Arbitrazh Court. On that basis, the application for interim relief was dismissed.
Importantly, this decision does not constitute a final determination of the proceedings. The Bombay High Court considered only the request for interim protective measures and did not adjudicate on the substantive question of recognition and enforcement of the Russian judgment in India.
We will continue to monitor developments closely!
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The Dispute Resolution team at Nordic Star is currently preparing the next edition of the Nordic Star Arbitration Bulletin, focusing on international arbitration in India. The publication will examine the structure of the Indian judicial system, assess the suitability of Indian arbitral institutions for Russian businesses, and explore key aspects of the recognition and enforcement of foreign judgments in India.