Execution Procedure - Chapter 22 - 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.
22.1. PROCEDURE AND TIMING
Once the court grants an application for a writ of execution (if a domestic award is being enforced) or recognition and enforcement of a foreign arbitral award, the court issues a writ of execution—a formal document that gives the applicant the right to apply to the Russian court bailiffs’ service for compulsory execution of the award (e.g. searching for and seizing the debtor’s property, attaching money on accounts etc.).
The court bailiff responsible must take a decision initiating execution procedures or dismissing the application (and such dismissal can be further challenged in an Arbitrazh Court or to a senior court bailiff) within three days from the date the bailiff receives the writ of execution. If a writ of execution provides for immediate execution, the decision initiating execution is taken within one day of delivery of the writ to the court bailiffs’ service.
When a writ is first sent to the court bailiffs’ service, the court bailiff gives the debtor time for voluntary execution of the award (no longer than five days from the date the debtor receives a copy of the ruling ordering commencement of execution). Where the writ of execution specifies the time within which the award is to be executed, the term for voluntary execution is the period specified in the writ. If a writ of execution is filed with the court bailiffs’ service after the execution period specified in it, the time period for voluntary execution may not exceed five days from commencement of execution. Compulsory execution of the award by the court bailiffs takes place upon expiry of the deadline for voluntary execution.
With certain exceptions, the award is executed by the court bailiffs within two months from the commencement date for execution. However, as a practical matter, the enforcement process in Russia can take anywhere from a few months to several years, depending on the complexity of the issues raised and the debtor’s response to the claim.
22.1 Procedure and Timing
22.2 Levy of Execution against Debtor’s Property