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Recognition and Enforcement of Decisions of Foreign Courts and Arbitrations

ФИО студента: Artem Zotov

Руководитель: Liubov A. Prokudina

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2021

The overall economic development and the increase in the movement of citizens between different countries have led to the development of not only international economic relations, but also cooperation between countries in the field of justice. The institution for the recognition and enforcement of decisions of foreign courts and arbitration courts plays a central role in the issue of international cooperation in the science of international civil procedure. Despite the long existence of the institution of recognition of foreign judicial decisions and well-developed legislation in general, the author hypothesizes that: 1) the procedure for the execution of such decisions requires some changes in accordance with the principle of the effectiveness of the judicial system; 2) the limits of sovereignty and the principles of reciprocity and international comity are not fully regulated in Russian legislation. This study examines not only the theoretical foundations of this institution, but also the issues of its practical functioning. The author establishes the content of the concepts of ‘international courtesy’ and ‘reciprocity’ and their connection with the sovereignty of the state. In addition, the paper raises the question of the peculiarities of public order, the limits of the admissibility of this type of refusal of the state to recognize and execute foreign decisions. For a comprehensive presentation of the institute, the author refers to the analysis of the judicial practice of Russian courts on the application of the public order clause in the field of recognition and enforcement of foreign decisions of arbitration courts and arbitrations. The practical significance of the work is seen in the ideas proposed by the authors to improve the Russian legislation.

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