Public Policy Exception under Russian Law as a Ground for Refusing Recognition and Enforcement of Foreign Arbitral Awards

• 영문명: Public Policy Exception under Russian Law as a Ground for Refusing Recognition and Enforcement of Foreign Arbitral Awards
• 발행기관: 한국중재학회
• 저자명: Liliia Andreevskikh 박은옥(Eun-ok Park)
• 간행물 정보: 『중재연구』제32권 제3호, 47~70쪽, 전체 24쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2022.09.30

영문 초록

This paper studies legal regulation of the public policy exception in the Russian Federation and domestic judicial practice on the issue. It reviews current legislation and analyzes 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. By doing so, it contributes to the knowledge on the concept of public policy in the Russian legal system and how public policy can affect the process of recognition and enforcement of foreign 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 the kinds of situation that 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 can be required to present existing court decisions in support of their claim or defence.

목차

Ⅰ. Introduction

Ⅱ. Public Policy as a Ground of Arbitral Award Cancellation

Ⅲ. Case Analysis

Ⅳ. Conclusion

References

키워드

Public Policy Recognition and Enforcement of Arbitral Awards Russian Arbitration Grounds for Setting Aside Arbitral Awards International Commercial Arbitration