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Problems of Recognition and Enforcement of Foreign Arbitral Awards in Russia

ФИО студента: Sergey Losev

Руководитель: Lev Bardin

Кампус/факультет: Faculty of Law

Программа: Lawyer in the Sphere of Justice and Law Enforcement (Master)

Год защиты: 2020

This work is devoted to the questions of recognition and enforcement of foreign arbitral awards in Russia. It is worth noticing that certain problems exist in this field. The main aim of this work is to analyze the main problems that may occur during the procedure of recognition and enforcement of foreign arbitral awards in the Russian jurisdiction and to provide certain recommendations in order to resolve existing issues basing on foreign experience of exequatur procedures. The thesis consists of 4 main chapters: 1) International conventions in the sphere of recognition and enforcement of foreign arbitral awards; 2) Practice of recognition and enforcement of foreign arbitral awards in England and France; 3) Practice of recognition and enforcement of foreign arbitral awards in Russia; 4) Possible solutions to problems existing in the field of recognition and enforcement of foreign arbitral awards in the Russian jurisdiction. It is necessary to note that the above-mentioned structure of the work has been specifically developed in order to provide a full analysis of legislation and court practice concerning questions of recognition and enforcement of foreign arbitral awards in various jurisdictions. The analysis conducted throughout the thesis leads to the following conclusions: 1) The practice of application of international conventions in the sphere of recognition and enforcement of foreign arbitral awards is not uniform; 2) The national courts of England and France have a so-called “pro-arbitration” bias in relation to recognition and enforcement of foreign arbitral awards; 3) There are several problems that concern procedures of recognition and enforcement of foreign arbitral awards existing in the Russian jurisdiction. In particular, the Russian national courts use broad interpretation of the grounds for refusal to enforcement of foreign arbitral awards set forth in Article V of the New York Convention (1958) and Article 36 of the Russian law “On international commercial arbitration”. According to the author of the work, problems existing in the field of recognition and enforcement of foreign arbitral awards in Russia may be resolved by making provisional changes to the Russian procedural legislation. Specifically, new chapter of the Russian Code of Arbitration Procedure regulating the procedure of recognition and enforcement of foreign arbitral awards should be adopted. This chapter should include the following provisions: 1) The simplified procedure of recognition and enforcement of foreign arbitral awards; 2) The requirements for the form and contents of arbitral agreements; 3) The exhausting list of grounds for refusal to recognition and enforcement of foreign arbitral awards; 4) The list of disputes that are non-arbitrable; 5) The definition of “public policy”.

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