The Conception of Public Policy and its Applicability with Respect to Enforcement of Awards of International Commercial Arbitrations in the Russian Federation

Abstract

One of the most important steps of arbitration is often the process of arbitral award's recognition and enforcement, this process as such sometimes may turn out to be not less complicated than arbitration itself. In jurisdictions of various states there exist different components of the mechanism for the recognition and enforcement of awards of international commercial arbitrations (hereinafter referred to as “foreign arbitral awards”). And in the Russian legal practice certain outlines for the systematization of law enforcement practice with respect to this issue can be traced, however, to the present day the most controversial and ambiguous point of this process is application of the category of public policy by Russian courts as the ground to refuse to recognize and enforce foreign arbitral awards.