The enforcement of foreign arbitral awards by the commercial

court is governed by (a) provisions of the CPCC, (b) federal law,

mainly the ICA Law, and (c) international treaty, principally the NY

Convention.

 

 

The provisions of the CPCC applicable to the enforcement of

foreign arbitral awards are found mainly in chapters 30 and 31.

Chapter 30, by its terms, applies to domestic awards; section 1 to the

setting aside of such awards, section 2 to their enforcement.

However, certain provisions of chapter 30 are incorporated by

reference in chapter 31, which applies the enforcement of both

foreign judgments and foreign awards. This internal crossreferencing

between sections and chapters governing four distinct

things – foreign and domestic judgments and awards – though

economical, can be a cause of some confusion, especially in light of

the overlapping Russian terminology for judgments and awards (see

supra Note on Translation) and has apparently led some commercial

courts to apply to the enforcement of foreign awards provisions of

the code properly applicable only to the enforcement of foreign

judgments (these cases are discussed primarily in chapter IV). The
structure of chapters 30 and 31 is as follows: