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Miga V the Soviet Russian, the present Russian Federation and its Agencies Arbitration under the International Law.

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Directions: Write your response in 3 full pages and 1 summary page. (4 pages in total). Please cite all your references in text and at the end of the document. Miga, a French company, sold hundreds of millions of dollars worth of goods, much of it on credit, to various agencies of the Russian government. The first deals were made with the Union of Soviet Socialist Republics (USSR), then, after the collapse of that government in 1991, with the Federative Socialist Soviet Republic of Russia (RSFSR), the successor government. The agreements called for binding arbitration of any disputes at th...

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Question Preview:

Directions: Write your response in 3 full pages and 1 summary page. (4 pages in total). Please cite all your references in text and at the end of the document. Miga, a French company, sold hundreds of millions of dollars worth of goods, much of it on credit, to various agencies of the Russian government. The first deals were made with the Union of Soviet Socialist Republics (USSR), then, after the collapse of that government in 1991, with the Federative Socialist Soviet Republic of Russia (RSFSR), the successor government. The agreements called for binding arbitration of any disputes at the Chamber of Commerce of Stockholm, Sweden, under Swiss law, and subject to enforcement in court in New York. Following failure to make payments, the arbitrator awarded Miga $275 million, which Russia refused to pay. Miga brought suit in federal court in New York to enforce the arbitration award. You be the judge. Who wins? Why? Make sure you address all the issues.

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The present case is between the French Company, Miga and the Soviet Russian, The Present Russian Federation and the Agencies of the government. The case opens up with the issue where the French Company had made some transactions to the three types of agencies and the government as stated above and with the change of the Federation, the payments could not be retrieved from the Soviet Russian. Thus, the arbitrator held that the said payments should be given to the Company and it awarded compensation in the name of the company. Upon this, Russian Federation simply denied and the matter was upheld.

Looking deeply into the case, I found that referring to the Russian Law, the Common Law and the International Law, it could not be stated that the Soviet Russian and the Russian Federation are two different parties and that one is not concerned of the act of the other. It’s simply found that the Federation could establish a point that it is not liable for the agencies that entered into the contract by referring to the previous common law cases. But there was no case as such which could distinguish between the Soviet and the Russian Federation.

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