Judging the Arbiters: The Enforcement of International Arbitration Awards in Russia

Judging the Arbiters: The Enforcement of International Arbitration Awards in Russia DOI: 10.1163/157303509X406287 © Koninklijke Brill NV, Leiden, 2009 Review of Central and East European Law 34 (2009) 137-172 Judging the Arbiters: The Enforcement of International Arbitration Awards in Russia Sergey Budylin Abstract This article is devoted to the issue of the enforceability in Russia of arbitral awards rendered pursuant to arbitration agreements between Russian compa- nies or state agencies, on the one hand, and private firms operating outside of Russia, on the other. The emphasis is on the enforcement of arbitral awards rendered outside of Russia. Russian statutory law, international treaties to which Russia is a party and Russian court practice are discussed. The enforce- ability of foreign judicial decisions, as opposed to arbitral awards, in Russia is also briefly discussed . Keywords arbitral awards (recognition and enforcement), international arbitration, New York Convention, procedural law, proper notice, public policy, Russia, UNCITRAL Model Law 1. Introduction In the modern world of international commerce, it is very important to have a tool for resolving potential disputes between contractual parties. Obviously, one possible tool is the judicial system of a contracting party’s country, or perhaps of a third country. However, this can have a number of drawbacks such as, for example, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Review of Central and East European Law Brill

Judging the Arbiters: The Enforcement of International Arbitration Awards in Russia

Review of Central and East European Law, Volume 34 (2): 137 – Jan 1, 2009

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Publisher
Brill
Copyright
© 2009 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0925-9880
eISSN
1573-0352
DOI
10.1163/157303509X406287
Publisher site
See Article on Publisher Site

Abstract

DOI: 10.1163/157303509X406287 © Koninklijke Brill NV, Leiden, 2009 Review of Central and East European Law 34 (2009) 137-172 Judging the Arbiters: The Enforcement of International Arbitration Awards in Russia Sergey Budylin Abstract This article is devoted to the issue of the enforceability in Russia of arbitral awards rendered pursuant to arbitration agreements between Russian compa- nies or state agencies, on the one hand, and private firms operating outside of Russia, on the other. The emphasis is on the enforcement of arbitral awards rendered outside of Russia. Russian statutory law, international treaties to which Russia is a party and Russian court practice are discussed. The enforce- ability of foreign judicial decisions, as opposed to arbitral awards, in Russia is also briefly discussed . Keywords arbitral awards (recognition and enforcement), international arbitration, New York Convention, procedural law, proper notice, public policy, Russia, UNCITRAL Model Law 1. Introduction In the modern world of international commerce, it is very important to have a tool for resolving potential disputes between contractual parties. Obviously, one possible tool is the judicial system of a contracting party’s country, or perhaps of a third country. However, this can have a number of drawbacks such as, for example,

Journal

Review of Central and East European LawBrill

Published: Jan 1, 2009

Keywords: NEW YORK CONVENTION; PROPER NOTICE; RUSSIA; PROCEDURAL LAW; PUBLIC POLICY; ARBITRAL AWARDS (RECOGNITION AND ENFORCEMENT); UNCITRAL MODEL LAW; INTERNATIONAL ARBITRATION

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