Preface
Abbreviations
Note on Translation
Introduction
I.Overview of the Enforcing Court System
A.The Commercial Court Branch
B.The Commercial Courts of Subjects of the Russian Federation
C.The Appellate Commercial Courts
D.The Commercial Courts of the Circuits
E.The Supreme Court of the Russian Federation
II.Laws and Treaties Applicable to Enforcement
A.The Code of Procedure of the Commercial Court
B.The ICA Law and NY Convention
C.The NY Convention: Russian Peculiarities
D.The European Convention
E.The Kiev Treaty
F.The Minsk Convention
G.The Moscow Convention
H.An Exemplary Case
III.NY Convention Article V(1)(a): Party Incapacity or Invalid Agreement to Arbitrate
A.Forged Signature
B.Signature Authority
C.Faulty Arbitration Clause
D.Amendment to Arbitration Clause
E.Assignment of Right to Arbitrate
F.Contract Brokered by Email
G.Expired Contract
H.Branch Office Lacking Capacity
IV.NY Convention Article V(1)(b): Improper Notice or Inability to Present Case
A.Mutual Legal Assistance Treaties
B.The Hague Service Convention
C.The Kiev Treaty
D.CPCC Articles 244(1)(2) and 242(3)(3)
E.Partial Notice
F.Authority to Accept Notice
G.Burden of Proof
H.Email Notice
I.Inability to Attend Hearing
V.NY Convention Article V(1)(c): The Award Deals with a Difference not Contemplated by the Submission to Arbitration or Contains Decisions on Matters Beyond the Scope of the Submission
A.Scope of Damages
B.Appendix to Contract
C.Related Contracts
VI.NY Convention Article V(1)(d): The Composition of Tribunal or the Procedure Was Not in Accordance with Party Agreement or with the Law of the Place of Arbitration
A.Appointing Authority
B.Objection to Procedure
C.Acquiescence in Deviation
VII.NY Convention Article V(1)(e): The Award Is Not Binding or Has Been Set Aside or Suspended
A.ICC Rule (1998) 28(6)
B.Belarusian Law
C.Burden of Proof
D.Cost Award
E.Conservatory Measures
F.Partial Setting Aside
VIII.NY Convention Article V(2)(a): The Subject Matter of the Difference is Not Capable of Settlement by Arbitration under the law of the Russian Federation
A.Legal Framework: Non-Arbitral Matters
B.Russian Law of Mandatory Application
IX.NY Convention Article V(2)(b): Violation of the Public Policy of the Russian Federation
A.Legislative Pronouncements
B.Informational Letter No. 156
C.Prior Russian Judgment Invalidating Contract: The "Russian Defense"
D.Symmetric Optional Dispute Resolution Clause
E.Asymmetric Optional Dispute Resolution Clause
F.No Liability without Fault
G.Joint Marital Property
H.Bankrupt Debtor Party
I.Typographical Error in Award
J.Bad Faith and Unconscionable Conduct
K.Damages in Non-Russian Currency
L.Forged Contract
M.Liquidated Damages and Interest
Afterword
Appendices
A.Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)
B.European Convention on International Commercial Arbitration (Geneva, 1961)
C.Treaty on the Manner of Resolving Disputes in the Area of Commercial Activity (Kiev, 1992)
D.Section III (Articles 51-55) of the Convention on Legal Assistance and Legal Relations in Civil,
Family, and Criminal Matters (Minsk, 1993)
E.Convention on the Resolution by Arbitration of Civil Law Disputes in the Area of Economic and Scientific-Technical Cooperation (Moscow, 1972)
F.Law of the Russian Federation on International Commercial Arbitration No. 5338-I (1993)
G.Chapters 30-33 of the Code of Procedure of the Commercial Court of the Russian Federation (2002)
H.Informational Letter of the Presidium of the Supreme Commercial Court of the Russian Federation No. 96 (2005)
I.Informational Letter of the Presidium of the Supreme Commercial Court of the Russian Federation No. 156 (2013)
J.Table of Commercial Court Cases Granting or Denying Enforcement of Foreign Arbitral Awards 2003-2013
K.Tables of Enforcement Rates by Year, Type of Award, and Defense(s) to Enforcement Pleaded
Index
