Russian Federation Supreme Commercial Court’s Review of the Application by the Russian Courts of the Public Policy Defense

This alert analyzes the legal positions taken by the Presidium of the Russian Federation Supreme Commercial Court (“SCC”) in its recently published review of commercial court practice in cases concerning the application of public policy as a ground to refuse to recognize and enforce foreign court decisions and foreign arbitral awards (the “Review”).

Russian court practice in applying the public policy concept has periodically led to contradictory positions being taken and the courts tend to interpret the scope of this defense broadly. It is therefore, the SCC summarized a number of typical situations in which issues of public policy may arise and examined situations in which the enforcement of arbitral awards may be considered contrary to Russian public policy.

We hope this alert will prove useful to you in identifying situations where the Russian courts do not have the right to refuse to recognize and enforce foreign arbitral awards.

Please see full alert below for more information.

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