enforcement of foreign judgments

Ratification of Arbitration-Related Conventions by CIS States: Global and Regional Framework

Ratification of Arbitration-Related Conventions by CIS States: Global and Regional Framework

Trying to create a favourable investment climate, all CIS states have adopted investment protection laws which provide certain privileges to foreign investors. However, when it comes to ratification of international treaties in which states reflect consent to international arbitration of investment disputes, the situation is more nuanced. All CIS countries are parties to the basic international […]

Recognition of foreign judgments without enforcement in Russia

Recognition of foreign judgments without enforcement in Russia

  Alexander A. Kostin, Victoria V. Kholodova. Certain issues relating to recognition of foreign judgments on economic disputes, which do not require enforcement under Arbitrazh [Commercial] Procedure Code of Russian Federation. Summary of the Article published in Journal of Russian Law, N 5, 2017.      

By 7 July, 2017 0 Comments Read More →
CIS Regional Conventions on Cross-Border Litigation and Its Application by Russian Courts

CIS Regional Conventions on Cross-Border Litigation and Its Application by Russian Courts

Recognition and enforcement of foreign court judgments in Russia generally require the existence of a treaty between the issuing state and the recognising state; otherwise, the principle of reciprocity applies. On the CIS level this procedure is relatively facilitated by a number of conventions. This post looks at the main features of these CIS regional […]

By 9 December, 2016 0 Comments Read More →
Ukrainian High Court Summarises Case Law on the Enforcement and Setting Aside of International Arbitration Awards

Ukrainian High Court Summarises Case Law on the Enforcement and Setting Aside of International Arbitration Awards

On 11 December 2015, the Highest Specialised Court of Civil and Criminal Cases of Ukraine (the “HSC“) approved its Overview of case law related to the recognition and setting aside of international arbitration awards by Ukrainian courts (the “Overview“). The Overview was officially published in February 2016. By means of this Overview, the HSC confirmed […]

Constitutional Court to Decide on Enforceability of ECtHR Judgments in Russia

Constitutional Court to Decide on Enforceability of ECtHR Judgments in Russia

On 14 December 2015, the Russian President signed a federal law endowing the Russian Constitutional Court with new authorities. According to the new law, the Russian Constitutional Court will have jurisdiction to deny enforcement of international human rights judgments incompatible with the Constitution of the Russian Federation. Upon the request of certain authorised governmental bodies, the Constitutional Court will decide […]

By 16 December, 2015 0 Comments Read More →
French Judgment Unenforceable Because of Lack of Legal Certainty

French Judgment Unenforceable Because of Lack of Legal Certainty

In January 2015 the Russian Supreme Court refused to enforce the Resolution of Paris Appellate Court No. RG 09/19535 dated 18 November 2010 on the collection of EUR 150,000 from the Government of Kaliningrad Region for the Republic of Lithuania. The case highlights the importance of a foreign judge giving reasons in a clear way in order for the decision to be […]

How far Should the Court go in Applying Public Policy? Lessons from Sweden

How far Should the Court go in Applying Public Policy? Lessons from Sweden

In January 2015 the Russian Supreme Court upheld the decisions of the lower courts which refused to enforce a SCC arbitration award due to public policy reasons. Prior to that the Swedish Svea Court of Appeal has reviewed the same case in the annulment proceedings and came to the opposite conclusion. The approaches of the Russian and […]

By 19 February, 2015 0 Comments Read More →
Yukos Winning Award: Will Russia Avoid Arbitral Enforcement Again?

Yukos Winning Award: Will Russia Avoid Arbitral Enforcement Again?

On 28 July 2014 a historic award in Yukos v. The Russian Federation rendered by the arbitral tribunal seated in The Hague finally became publicly available. The tribunal ordered Russia to pay more than 50 billion US$ for its expropriation of Yukos, making this award the biggest one in the history of international arbitration. Considering the circumstances, […]

Hague Convention Rules Mandatory for Service on Russian Parties

Hague Convention Rules Mandatory for Service on Russian Parties

Last Friday the Supreme Commercial Court released its full reasons for the decision in Nortel v UNI. The Court ruled that an English judgment may not be enforced in Russia, because the respondents had not participated in the English proceedings nor had they been served in accordance with the Hague Convention. The decision may result in delays in […]

Enforcement of Russian Judgment in England: JSC VTB Bank v Skurikhin

Enforcement of Russian Judgment in England: JSC VTB Bank v Skurikhin

A recently-published judgment of the High Court in the case JSC VTB Bank v Skurikhin has confirmed that Russian judgments can be enforced in England and Wales. The English court recovered from the defendant all amounts claimed under the Russian judgments (622 million rubles) with exclusion of penalties because the judge decided “that they are punitive in […]