Position of the Supreme Commercial Court of the Russian Federation concerning denial of recognition and enforcement of foreign courts’ judgments on the basis of contradiction to Russian public policy


On 27 December 2012, a Resolution of the Presidium of the Supreme Commercial Court of the Russian Federation (the “Supreme Commercial Court”) No. 7805/12, dated 23 October 2012, (the “Resolution”) was published. The Resolution discusses a number of important issues regarding recognition and enforcement of foreign courts’ judgments in Russia, including:

- the requirement for the Russian courts to verify that the dispute had a link with the foreign state in the absence of a prorogation clause;

- the possibility of denying recognition and enforcement of a foreign judgment on the grounds that Russian persons were involved in the foreign court’s proceedings without their consent; and...

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