Enforcement of Domestic Awards - Chapter 20 - Arbitration Law of Russia: Practice and Procedure
Mr. Khodykin holds a Ph.D in Law and, from 2005 to 2012 he was an associate professor at the Moscow State Institute of International Relations (MGIMO), in addition to being in private practice.
Recognised as a rising star by Chambers & Partners, Mr. Khodykin is a frequent speaker at seminars and conferences and has authored numerous publications on international commercial arbitration and conflict of laws.
He has acted as arbitrator in cases under the ICC Rules and the Rules of the Court of Arbitration for Sport at the Russian Olympic Committee. Based in London, Mr. Khodykin advises on a wide range of litigation and arbitration matters, including commercial cases, repossession of aircraft, real estate litigation, corporate disputes and oil and gas industry cases. Mr. Khodykin has represented a broad range of clients in national and cross-border matters, including matters before the LCIA, ICSID and the International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry. He has experience litigating cases before various Russian courts, including the Russian Federation Constitutional Court, the Supreme Arbitrazh Court (the highest judicial authority in Russia for commercial courts) and the Supreme Court.
20.1. REQUIREMENT FOR A PARTICULAR PROCEDURE TO MAKE AN AWARD ENFORCEABLE
As a general rule, arbitral awards must be complied with by the parties voluntarily. But if the debtor fails to honour the award, the other party may seek writ of execution from the court. The procedure for enforcement of arbitral awards delivered in Russia and abroad is rather similar and requires an application to be filed with a court, although in Russia the process is referred to as “application for a writ of execution” rather than application for enforcement.
20.2. DETAILS OF ENFORCEMENT PROCEDURE
20.2.1. Competent Court: Arbitrazh Court vs. Court of General Jurisdiction
Applications for a writ of execution are heard by the Russian Arbitrazh Courts and courts of general jurisdiction (see section 19.2 above for more detail).
In the majority of cases, these applications are dealt with by the Russian Arbitrazh Courts. From this point, our focus will be primarily on the Arbitrazh Procedure Code.
20.2.2. Which Arbitrazh Court Should Be Selected?
Art. 38 of the Arbitrazh Procedure Code provides that applications to have an arbitral award set aside and for a writ of execution must be filed with an Arbitrazh Court local to the arbitral tribunal that delivered the award in question.
At the same time, Art. 236 (3) of the Arbitrazh Procedure Code stipulates that an application for a writ of execution must be filed with the court at the debtor’s location or place of residence. If the location of the debtor is not known to the claimant, the application must be filed with the court where the assets of the debtor are located.
ENFORCEMENT OF DOMESTIC AWARDS
20.1 Requirement for a Particular Procedure to Make an Award Enforceable
20.2 Details of Enforcement Procedure
20.2.1 Competent Court: Arbitrazh Court vs. Court of General Jurisdiction
20.2.2 Which Arbitrazh Court Should Be Selected?
20.2.3 Documents to Be Attached to Application for a Writ of Execution
20.2.4 Reasons for Rejection of an Application
20.2.5 Appeal against a Decision on an Application for a Writ of Execution