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NY Convention Article V(2)(b): Violation of the Public Policy of the Russian Federation - Chapter 9 - The Enforcement of Foreign Arbitral Awards in Russia

Author(s): 
William R. Spiegelberger
Page Count: 
40 pages
Media Description: 
1 PDF Download
Published: 
August, 2014
Jurisdictions: 
Russia
Practice Areas: 
New York Convention

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Description: 

Originally from The Enforcement of Foreign Arbitral Awards in Russia

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Of all the grounds for denying enforcement of a foreign arbitral
award in Russia the public policy exception of NY Convention
article V(2)(b) has generated by far the most scholarly commentary.1
This exception marks the point where otherwise internationalized or
even denationalized arbitration confronts the national law and legal
order of the enforcing state. It is an "acknowledgment of the right of
the State and its courts to exercise ultimate control over the arbitral
process."2 That control, in Russia, is expressed through certain
legislative pronouncements, recommendations issued by the
Supreme Commercial Court from time to time in the form of an
"informational letter," and, most importantly, the enforcing courts'
decisions, which are the main subject of this chapter.
 
A. Legislative Pronouncements
 
A literal rendering of the French ordre public, the Russian term
for public policy, publichnyi poriadok (публичный порядок),