Recognition and Enforcement of the Foreign Arbitral Awards on the Territory of the Russian Federation: Legislation and Practice

Modern society is in constant motion, there is a rapid development of foreign economic relations, as well as many other processes that can lead to the emergence of various disputes, the resolution of which is important for many states. These factors have a huge impact on the development of alternative dispute resolution methods, among which one of the most popular and effective today is international commercial arbitration. An important issue of international commercial arbitration is the recognition and enforcement of foreign arbitral awards in the Russian Federation. The purpose of the research is to analyze the legal regulation of recognition and enforcement of foreign arbitral awards in order to identify the main characteristics of this institution, as well as the effectiveness of the application of these legal norms in the judicial practice of the Russian Federation. On the basis of the conducted research, the following conclusions were made: 1) In the legislation of the Russian Federation there are no legal definitions of the concepts of "recognition" and "enforcement" of foreign court and arbitration decisions, which gives rise to numerous opinions in the doctrine about the content and relationship of these concepts; 2) Russian legislation establishes three main prerequisites for the recognition and enforcement of a foreign arbitral award: an international treaty and federal law, the principle of reciprocity; 3) the trend in the development of the world community causes the Russian courts to apply new grounds: the principle of reciprocity and international comity, the content and relationship of which is a debatable issue; 4) one of the most common and discussed in the scientific community grounds for refusing to recognize and enforce a foreign arbitral award is a contradiction to public policy, which is interpreted by Russian courts quite widely and gives rise to numerous questions.