Recognition and enforcement of awards of international commercial arbitration courts and awards of foreign state courts

recognition and enforcement of awards of international commercial arbitration courts and awards of foreign state courts

According to Art. 241 of the Arbitration Procedure Code of the Russian Federation, awards of courts of foreign states, taken by them on disputes and other matters arising in the course of business and other economic activities, awards of arbitration courts and international commercial arbitrations, made by them in the territories of foreign states on disputes and other matters arising in the implementation of entrepreneurial and other economic activities are recognized and enforced in the Russian Federation by arbitration courts, if recognition and enforcement of such awards is provided by the international treaty of the Russian Federation and the federal law. When reviewing an application for recognition and enforcement of a foreign court award, the state arbitration courts of the Russian Federation do not have the right to revise a foreign court award on the merits.

When applying for recognition and enforcement of awards of international commercial arbitration courts and awards of foreign state courts, the following documents will be required:

1) a copy of the award of a foreign court or a foreign arbitral award, in respect of which an application for recognition and enforcement has been submitted;

2) confirmation of the entry into force of an award of a foreign court;

3) confirmation of notification of participants in the dispute about the consideration of the case in a foreign court;

4) a power of attorney or other document confirming the authority of the person who signed the application for recognition and enforcement of an award of a foreign court;

5) a document confirming the direction to the debtor of a copy of the application for recognition and enforcement of the award of the foreign court.

For documents executed in a foreign language and attached to the application, a translation with its notarization is necessary.

For documents executed in a foreign language and attached to the application, a translation with its notarization is necessary.

In accordance with clause (c) of Part 1 of Article V of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitration Awards of 1958, recognition and enforcement of an arbitral award may be refused at the request of the party against whom it is directed, if this party submit to the competent authority at the place where recognition and enforcement is sought, evidence that the award was made in a dispute not provided for or not subject to the conditions of the arbitral agreement or arbitration clause in the agreement, or contains awards on matters beyond the scope of the arbitration agreement or arbitration clause in the contract.

Taking into account the above rules, and also taking into account the fact that there is a judicial practice, according to which arbitration courts of the Russian Federation refused to execute awards of international commercial arbitration courts and awards of foreign state courts, it is necessary to conduct a preliminary analysis of judicial risks the applicant planning to apply for the execution of these awards to the court.

The Law Firm BRACE provides legal support (legal services) for the recognition and enforcement of awards of international commercial arbitration courts and awards of foreign courts, including:

Legal services

  1. Analysis of legal risks and the development of strategies to meet the stated requirements.
  2. Preparation of procedural documents for recognition and enforcement of awards of international commercial arbitration courts and awards of foreign state courts.
  3. Legal support of the conduct of the case in the competent court.

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Conclusion of legal services agreement
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