Substantive Public Policy Concept in Enforcement of Foreign Arbitral Awards in Russia

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http://urn.fi/URN:NBN:fi:hulib-201705304297
Title: Substantive Public Policy Concept in Enforcement of Foreign Arbitral Awards in Russia
Author: Shtromberg, Alexandra
Other contributor: Helsingin yliopisto, Oikeustieteellinen tiedekunta
University of Helsinki, Faculty of Law
Helsingfors universitet, Juridiska fakulteten
Publisher: Helsingfors universitet
Date: 2017
Language: eng
URI: http://urn.fi/URN:NBN:fi:hulib-201705304297
http://hdl.handle.net/10138/191317
Thesis level: master's thesis
Discipline: Kauppaoikeus
Commercial law
Handelsrätt
Abstract: Predictability in the enforcement of foreign arbitral awards is crucially important both for the parties to a certain dispute and the state where enforcement is sought. Being arbitration-friendly means increasing of investment attractiveness. For parties, it means that their contractual will regarding arbitration is respected and party autonomy is in no way breached. In practice, the Russian Federation is still an unknown playing field for those parties who aim to enforce foreign arbitral awards and file respective claims with the Russian commercial courts. The Russian Federation is the party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, meaning that enforcement courts rely on the narrow scope of grounds to refuse recognition and enforcement of foreign arbitral awards. In practice, Russian commercial courts tend to interpret provisions of the Convention incoherently. One of such examples is the wide interpretation of public policy exception that allows to refuse recognition and enforcement of foreign arbitral awards in cases when such would be contrary to the public policy of that country. The thesis explores the risks that parties face when the interested party or the court itself brings public policy to the light. It analyses the modern concept of public policy under Russian law and court practice and examines the enforcement trends regarding public policy exception.


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