Public Policy under the Russian Arbitration
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This paper focuses on legal regulation of the public policy exception in the Russian Federation and domestic judicial practice on the issue. Through the review of current legislation, and the analysis of a number of recent court cases where an arbitral award rendered by a foreign arbitration body was refused recognition and enforcement based on public policy violation, this paper contributes to the knowledge on the concept of public policy in the Russian legal system, and how it can affect the process of recognition and enforcement of arbitral awards on its territory. The review of court cases demonstrates different aspects of how the public policy exception can be applied by Russian arbitrazh courts. Such decisions can provide a clearer picture of what kind of situations can lead to invoking the public policy clause by the court. Also, it is of practical value as persons preparing to file a claim or to be a defendant in a Russian court they can be required to present existing court decisions in support of their claim or defence.
Abstract
This paper focuses on legal regulation of the public policy exception in the Russian Federation and domestic judicial practice on the issue. Through the review of current legislation, and the analysis of a number of recent court cases where an arbitral award rendered by a foreign arbitration body was refused recognition and enforcement based on public policy violation, this paper contributes to the knowledge on the concept of public policy in the Russian legal system, and how it can affect the process of recognition and enforcement of arbitral awards on its territory. The review of court cases demonstrates different aspects of how the public policy exception can be applied by Russian arbitrazh courts. Such decisions can provide a clearer picture of what kind of situations can lead to invoking the public policy clause by the court. Also, it is of practical value as persons preparing to file a claim or to be a defendant in a Russian court they can be required to present existing court decisions in support of their claim or defence.
참고문헌 (27)
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