Public Policy Exception under Russian Law as a Ground for Refusing Recognition and Enforcement of Foreign Arbitral Awards

다국어 초록 (Multilingual Abstract)

This paper studies legal regulation of the public policy exception in the Russian Federation and domestic judicial practice on the issue. It reviews current legislation and analyzes a number of recent court cases where an arbitral award rendered by a foreign arbitration body was refused recognition and enforcement based on public policy violation. By doing so, it contributes to the knowledge on the concept of public policy in the Russian legal system and how public policy can affect the process of recognition and enforcement of foreign arbitral awards on its territory. The review of court cases demonstrates different aspects of how the public policy exception can be applied by Russian arbitrazh courts. Such decisions can provide a clearer picture of the kinds of situation that can lead to invoking the public policy clause by the court. Also, it is of practical value as persons preparing to file a claim or to be a defendant in a Russian court can be required to present existing court decisions in support of their claim or defence.

참고문헌 (Reference)

1 Vareilles-Sommieres P., "Violating Super-imperative Norms as Grounds to Refuse the Recognition and Execution of Foreign Arbitrage Decisions (Judicial Practice of France and Russia)" (1) : 22-42, 2015

2 "Thompson Reuters Practical Law Glossary"

3 "Ruling of the Supreme Court of the Russian Federation"

4 "Ruling of the Supreme Court of Russia"

5 "Ruling of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation"

6 "Ruling of the Constitutional Court of the Russian Federation"

7 "Ruling of the Arbitrazh Court of the Moscow Region"

8 "Ruling of the Arbitrazh Court of the City of Moscow"

9 "Ruling of the Arbitrazh Court of the City of Moscow"

10 "Ruling of the Arbitrazh Court of the City of Moscow"

11 "Ruling of the Arbitrazh Court of the City of Moscow"

12 Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation, "Review of cases on the recognition and enforcement of decisions of foreign courts, on contesting arbitral awards and on issuing writ of execution thereof"

13 "Review of Judicial Practice of the Supreme Court of the Russian Federation"

14 "Overview of the practice of consideration by arbitration courts of cases on the application of the public policy exception as a ground for refusing to recognize and enforce foreign court decisions and arbitral awards" (156) : 2013

15 Decree of the Plenum of the Supreme Court of the Russian Federation, "On assistance and control regarding arbitration proceedings and international commercial arbitration performed by the courts of the Russian Federation"

16 Federal Law, "On Insolvency (Bankruptcy)"

17 Federal Law, "On Arbitration Courts in the Russian Federation"

18 Bermann, G. A., "Mandatory rules of law in international arbitration. In Conflict of laws in international arbitration(pp. 325-340)" Otto Schmidt/De Gruyter European law publishers 2010

19 "Law of the Russian Federation"

20 Mauro Rubino-Sammartano, "International Arbitration-Law & Practice" Kluwer Law International 2001

21 "Federal Law No. 382-FZ"

22 "Convention on the Recognition and Enforcement of Foreign Arbitral Awards"

23 Novikova O. V., "Conceptual Basics of Clauses on Public Order in English Law" (2) : 67-77, 2013

24 Bogatina Yu. G., "Clause on Public Order in International Private Law: Theory and Current Practice"

25 "Civil Code of the Russian Federation"

26 "Arbitrazh Procedure Code of the Russian Federation dated July 24, 2002 No. 95-FZ"

27 "Agreement on the Procedure for Resolution of Disputes Related to Economic Activities" Resolution of the Supreme Court of the Russian Federation