Arbitration Awards | Russia | Cross-Border Enforcement Center

Is this jurisdiction a party to the New York Convention?

Yes.

What is the approximate time required to register and enforce a foreign arbitration award if unopposed?

The statutory time period for the court to consider the application is one month as from its filing with an arbitrazh (state commercial) court of a constituent entity (for commercial disputes), and two months as from its filing with a district court of general jurisdiction (for non-commercial disputes). In practice, such enforcement can take up to 3 - 4 months.

What is the approximate time required to register and enforce a foreign arbitration award if opposed?

The proceedings as a rule may take from 10 months to 2 years (especially in instances where the case was sent to re-trial).

What is the approximate cost of registering and enforcing a foreign arbitration award (including court fees and other disbursements) if unopposed?

State duty for filing an application is approximately USD 50, other expenses may include costs for translating and certifying the documents, as well as preparing witness evidence. As a rule, expenses do not exceed USD 1,000. The approximate amount of legal fees ranges from approximately USD 25,000 to USD 40,000.

What is the approximate cost of registering and enforcing a foreign arbitration award (including court fees and other disbursements) if opposed?

State duty for filing an application is approximately USD 50, other expenses may include costs for translating and certifying the documents, as well as preparing witness evidence. State duty for the review of court decisions is unsubstantial. Expenses will likely exceed USD 1,000 where the proceedings are lengthy, and especially in case of re-trial. The approximate amount of legal fees starts from approximately USD 45,000 and can exceed approximately USD 150,000, especially in case of re-trial.

Are there any unusual difficulties in enforcing a foreign arbitration award?

So far there is no established court practice of enforcing awards in various types of arbitrable corporate disputes concerning Russian legal entities. Certain difficulties may also arise in the event the dispute involves a public law element, for example, the use of public funds or a Russian legal entity as the award debtor, in which case Russian courts may consider the dispute to be non-arbitrable. Court practice on this issue is not uniform.

Due to a new law in effect on 19 June 2020 granting Russian state courts exclusive competence in disputes involving Russian sanctioned entities or in disputes based on sanctions, the enforcement of foreign arbitral awards issued in such disputes may in certain circumstances be refused based on exclusive competence or public policy grounds.

Cross-Border Enforcement Center

Russia

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