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

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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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