Recognition and Enforcement of Arbitral Awards in Russia

Abstract

Recognition and enforcement are crucial elements of arbitration. Without the possibility for the winning party to enforce the arbitral award in its desired country, the whole arbitration was pointless. However, the enforcement proceedings are the only way for state courts to take influence on the outcome of the arbitral trial. Thus, even though uniform recognition and enforcement of foreign arbitral awards is the main goal of the almost worldwide applicable New York Convention of 1958, the interpretation of the provisions of this Convention is still up to national courts. While for example judges in Germany strictly stick to the rules set up by the Convention, courts in Russia tend to stress the meaning of these provisions. The following article is meant to point out difficulties in enforcing arbitral awards in Russia, as there is no predictable jurisdiction yet, when it comes to the enforcement of foreign arbitral awards. The article specifically will focus on the broad application of the public policy rule by Russian state courts.