Recognition and/or Enforcement of Foreign Awards - Chapter 21 - 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.
21.1. RULES AND REQUIREMENTS ACCORDING TO NATIONAL LAW
The enforcement of foreign arbitral awards on commercial disputes in Russia is governed by the Arbitration Act, the Civil Procedure Code, the Arbitrazh Procedure Code and the Decree of the Supreme Soviet of the USSR on Recognition and Enforcement of Foreign Arbitral Awards of 21 June 1988 (which is applicable only in that part which does not contradict the Arbitrazh Procedure Code).
It should be noted that all international treaties of the Russian Federation, including the New York Convention, are considered part of the Russian Federation's law and are directly applicable.
Again, the majority of applications for recognition and enforcement of arbitral awards are heard by the arbitrazh courts. From this point on, therefore, the focus will be primarily on the provisions of the Arbitrazh Procedure Code. The provisions of the Civil Procedure Code are more or less similar and, therefore, will be addressed below only occasionally.
According to Art. 241 of the Arbitrazh Procedure Code, foreign arbitral awards can be recognised and enforced in Russia if the recognition and enforcement of such awards is envisaged in an international treaty of the Russian Federation or in Russian law.1 The New York Convention is the international treaty that provides for recognition and enforcement of arbitral awards.
RECOGNITION AND/OR ENFORCEMENT OF FOREIGN AWARDS
21.1 Rules and Requirements According to National Law
21.2 Specific Bilateral and Multilateral Treaties
21.3 Procedure for the Enforcement of Foreign Awards
21.4 Extent of Examination and Review of the Award by the Court
21.5 Application of the New York Convention in Practice
21.6 Examples of Decisions, That Do Not Apply the New York Convention Correctly
21.6.1 Broad Interpretation of Public Policy
21.6.2 Notification Issues
21.7 Remedies against Decisions Granting or Declining Enforcement