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Stockholm Arbitration Report (SAR) - (Individual Back Volumes)
Stockholm Arbitration Report (SAR) - (Individual Back Issue)
Preview Page SAR 2003 - 1
I. INTRODUCTION
On September 1, 2002, a new Arbitrazh Procedural Code entered into
effect in Russia, superseding the 1995 Arbitrazh Procedural Code.1 The new
Code is a substantial piece of legislation consisting of seven sections, thirtyseven
Chapters and 332 articles. The present commentary focuses only on
Chapter 31, entitled Proceedings in Cases on the Recognition and
Enforcement of Foreign Court Decisions and Foreign Arbitral Awards and,
even more narrowly, addresses only the treatment of Foreign Arbitral
Awards provided for therein.
The Soviet Union was a party to the New York Convention on the
Recognition and Enforcement of Foreign Arbitral Awards and the
European Convention on International Commercial Arbitration. Following
the dissolution of the Soviet Union, the Russian Federation, as its legal
successor, assumed these treaty obligations.2
In 1993, Russia also adopted a Law on International Commercial
Arbitration based closely on the UNCITRAL Model Law.
By virtue of participation in these treaties and the adoption of the Law
on International Commercial Arbitration, the Russian legislative framework
regarding international arbitration largely conformed to international
standards.
In accordance with these standards, international arbitral awards are
entitled to recognition and enforcement, subject to very few exceptions
specified in Article V of the New York Convention and in corresponding
provisions of the Law. None of these exceptions permit local courts to
review foreign arbitral awards on the merits.
Table of Contents Page
Comments on the Enforcement of Foreign Arbitral Awards Under
the New Russian Arbitrazh Procedural Code
I. INTRODUCTION
II. COMPETENT COURT TO CONSIDER APPLICATIONS FOR RECOGNITION
AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS
III. CONSEQUENCES OF THE AUTHORIZATION OF THE ARBITRAZH
COURTS
IV. APPLICATIONS FOR RECOGNITION AND ENFORCEMENT OF FOREIGN
ARBITRAL AWARDS
V. CONCLUSIONS
[Summary in Russian]
Jeffrey M. Hertzfeld Esq, SALANS, Paris.
