Transcript Слайд 1 - RULG - Ukrainian Legal Group

Enforcement of Foreign Arbitral Awards
and Court Judgments in Russia
Maxim Kulkov, Partner
Second CIS Local Counsel Forum
21 June 2007, Baku
BASIC LEGAL DOCUMENTS
 New York Convention, 1958 (on recognition and enforcement of
Foreign arbitral awards)
 Geneva Convention, 1961 (European Convention on International
Commercial Arbitration)
 Washington Convention, 1965 (on the settlement of investment
disputes)
 Kiev Agreement,1992, CIS (on the settlement of business disputes)
 Minsk Agreement, 1993, CIS (on legal assistance in civil, family and
criminal cases)
 Arbitration Procedure Code of the Russian Federation
 Law on International Court of Commercial Arbitration
© 2007. Pepeliaev, Goltsblat & Partners. All rights reserved.
THE FOLLOWING ACTS ARE RECOGNIZED AND
ENFORCED IN RUSSIA
 Arbitral awards of countries covered by the New York Convention
 Court judgments of countries covered by the Kiev and Minsk
Agreements (CIS)
 Court judgments of countries bound with Russia by bilateral
agreements on legal assistance (Italy, Poland, Mongolia)
© 2007. Pepeliaev, Goltsblat & Partners. All rights reserved.
RECOGNITION AND ENFORCEMENT PROCEDURE
An application is filed with the arbitration court at the location of the debtor
(if unknown, at the location of the assets)
The court may not review the case on the merits, the scope of research is limited to
the reasons for denying recognition listed in the New York Convention:
- gross procedural violations (defect of the arbitration agreement or panel of
arbitrators, failure to notify a party to the case)
- the dispute falls within the exclusive jurisdiction of Russian courts
- inconsistency with public order
- additional reason – expiry of a 3-year limitation period for presentation for
enforcement
A recognition and enforcement ruling may be contested in accordance with the
generally accepted procedure (appeal, cassation). The passage of the case until
receipt of a writ of execution takes from 3 to 12 months on average.
© 2007. Pepeliaev, Goltsblat & Partners. All rights reserved.
PRACTICAL EXAMPLES
Failure to duly notify a party to the case
Forever Maritime Ltd v Mashinexport
Invalidity of the arbitration agreement
Sophocles Star Shipping Ink v Tekhnopromexport
Unlawful panel of arbitrators
Duke Investments Ltd v Kaliningrad Region and the
Regional Development Fund
© 2007. Pepeliaev, Goltsblat & Partners. All rights reserved.
PRACTICAL EXAMPLES
The dispute could not be the subject of arbitration proceedings
Pressindustria S.p.A. v Tobolsk Petrochemical Plant
Kaliningrad State Property Fund v Finvest Ltd
Inconsistency with public order
United World Ltd. Ink. v Krasny Yakor
O&Y Investments Ltd v Bummash, NPO Soyuz-1, Zhebrovsky and
Sivachev
А.V.К. Confectionary Factory v АVK-Yug
Joy- Lad Distributors Ink v Moscow NPZ
© 2007. Pepeliaev, Goltsblat & Partners. All rights reserved.
CONTACT INFORMATION
12, Krasnopresnenskaya Nab.,
Entrance 7, World Trade CenterII, MOSCOW, 123610 Tel.: +7
(495) 967 0007
Fax: +7 (495) 967 0008
e-mail: [email protected]
www.pgplaw.ru
© 2007. Pepeliaev, Goltsblat & Partners. All rights reserved.
Golden Shpalernaya Business Center,
54, Shpalernaya St.,
ST.PETERSBURG, 191015
Tel.: +7 (812) 333 0717
Fax: +7 (812) 333 0716
e-mail: [email protected]