Особенности признания и исполнения российскими судами решения международного инвестиционного арбитража на примере дела Tatneft v. Ukraine

Abstract

The paper is dedicated to the controversial issue of recognition and enforcement of investment arbitration awards in the Russian courts, in particular, the necessity for a foreign investor after winning the case to overcome the defendant’s objections in national courts regarding the immunity of State assets from execution. The article analyses in detail the litigation in the Tatneft v. Ukraine case — as of today the only investment arbitration award which was recognised in Russia. The author examines the arguments of the Russian courts regarding the issues of jurisdictional immunity of the states in litigation on recognition and enforcement of arbitration awards as well as regarding the immunity of diplomatic property and state assets from execution.