Clause on Public Order as a Ground for Refusal of Recognition and Enforcement of Foreign Arbitral Awards in Russia
The article analyzes judicial enforcement experience, legislation and Russian doctrines as to refusing to recognize and execute foreign arbitration awards as this contradicts public order. A division is made between the categories of domestic public order and international public order. The major methods applied in the paper are comparative analysis and comparative law. The article touches upon the problems of material public order. A conclusion has been made that defining this category poses a serious problem. In comparison, the category of procedural public order is easier to define. Judicial practice does not give a definition of material public order but the underlying principle is that the system of principles and values embodying a national public order cannot be recognized even in international cases. Russian legislation does not operate the concept of international public order, but the analysis of legal norms allows making a conclusion that when recognizing and enforcing foreign arbitration awards, not a public order of the Russian Federation is meant but public order taking into account international obligations of the RF and the character of relations containing a foreign element. The research has allowed making the following conclusions. Russian legislation regulating the issues of recognizing and enforcing foreign arbitration awards needs to include the concept of international public order understood as fundamental legal principles of mandatory nature, universal character, special public significance and being the basis for economic, political, legal system of the RF considering its international obligations and the character of relations related to foreign enforcement.