Michelle Folinas

Counsel for the Respondents brought a motion to be removed as counsel of record in a proceeding seeking recognition and enforcement of a Zambian judgment.

The Applicants took no position on the removal but requested an order for substituted service by electronic mail on the Respondents and their US counsel for all future documents.

The court granted both the motion for removal of counsel and the request for substituted service, finding it appropriate given the case's history and the need to avoid material delays, especially as Zimbabwe is not a signatory to the Hague Convention.

JSC Chukotka Mining and Geological Company (Chukotka) sought to recognize and enforce an arbitral award issued by the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (ICAC) against Medivolve Inc. (Medivolve).

Medivolve opposed this application and brought a cross-application to set aside the arbitral award, arguing improper notice of the arbitration proceedings, inability to present its case, and unequal treatment by the arbitral tribunal.

The court found that Medivolve had received proper actual notice of the arbitration, despite courier delivery failures, and that its own dilatory actions contributed to its alleged inability to present its case.

The court also determined that the tribunal did not treat the parties unequally.

Consequently, the court granted Chukotka's application to recognize and enforce the arbitral award and denied Medivolve's application to set it aside, awarding costs to Chukotka.