Recognition and execution of decisions of foreign courts in Russia are regulated, first of all, by the following legislative documents:
– Convention on recognition and carrying out of foreign arbitral awards (New York, on June 10, 1958)
– Arbitration procedural code of the Russian Federation (agrarian and industrial complex of the Russian Federation)
of July 24, 2002 N 95-FZ
– Federal law of October 02, 2007 N 229-FZ
“About enforcement proceeding”
– Decree of Presidium of VS USSR of June 21, 1988 N 9131-XI
“About recognition and execution in the USSR of solutions of foreign vessels and arbitration”
In case the decision was made by foreign court of law or foreign arbitration (arbitration) court, then if there is no international agreement on legal aid with that state, court which made the decision, then according to Article 242 of agrarian and industrial complex of the Russian Federation the statement for recognition and carrying out of the foreign judgment and the foreign arbitral award moves the party in a dispute in favor of which the solution was, in arbitration court of the territorial subject of the Russian Federation in the location or the residence of the debtor or if the location or the residence of the debtor is unknown, in the location of property of the debtor. The application has to be submitted to three-year time from the date of its introduction in validity.
The dispute over a being is not considered. The application has to be considered within a month and by results of consideration of the application the arbitration court takes out definition.
Are applied to the statement for recognition and carrying out of the foreign judgment:
1) the copy of the foreign judgment or the foreign arbitral award certified properly for which recognition and carrying out the execution creditor petitions;
2) the document certified properly and confirming the introduction of the foreign judgment in validity if it is not specified in the text of the decision;
3) the document certified properly and confirming that the debtor was in due time and is in due form informed on trial of matter in foreign court for which recognition and carrying out of the decision the execution creditor petitions;
4) the power of attorney or other document certified properly and confirming the power of the person which signed the application in arbitration court;
5) the document confirming the direction to the debtor of the copy of the application about recognition and carrying out of the foreign judgment;
6) the translation certified properly specified in Paragraphs 1 – the 5th real part of documents into Russian.
To the statement for recognition and carrying out of the foreign arbitral award if the international treaty of the Russian Federation did not provide other, are applied:
1) properly certified original foreign arbitral award or its properly certified copy;
2) original agreement on arbitration or its properly certified copy;
3) properly certified translation into Russian of the documents specified in Paragraphs 1 and 2 of the real part.
Compulsory execution of the foreign judgment or foreign arbitral award is made on the basis of the court order issued by the arbitration court which took out definition about recognition and carrying out of the foreign judgment or foreign arbitral award in the order provided by agrarian and industrial complex of the Russian Federation and the Federal law on enforcement proceeding.
Recognition of solutions of the Russian vessels in Germany
As with Germany the agreement on legal aid is not concluded, recognition and carrying out of decisions of foreign arbitration courts according to § 1062 of Position of Germany about civil process (ZPO) is carried out by the supreme land court (Oberlandesgericht) of the earth where has the location the organization debtor.
According to the German procedural legislation documents necessary for recognition and carrying out of foreign arbitral awards are defined on the basis of the Convention on recognition and carrying out of foreign arbitral awards of 1958. According to Article 4 of the Convention for receiving recognition and carrying out the party asking recognition and carrying out when giving such request represents:
a) properly the certified original arbitral award or properly the certified copy of that;
b) original arbitration agreement or properly certified copy of that.
If the arbitral award or the agreement is stated not in official language of that country where recognition and carrying out of this decision, the party which asks about recognition and carrying out of this decision is asked, represents the translation of these documents on such language. The translation is certified by the official or sworn translator or diplomatic or consular establishment. If the judgment of general jurisdiction is made, then the German courts consider a dispute over a being that considerably complicates recognition of the foreign decision.
In avoidance of difficulties of procedural character at implementation of actions for recognition of the judgment in Germany we advise you to use services of the local lawyer.
* from Andrey Nikishenko, 2018.