Признание и приведение в исполнение иностранных арбитражных решений в России и странах бывшего СССР
The book was prepared by a team of leading Russian and foreign practitioners in the field of international arbitration. The book discusses the issues of recognition and enforcement of foreign arbitral awards in Russia and the countries of the former USSR, as well as issues of challenging in Russian courts of arbitral awards rendered in some other countries.
The article discusses questions about the possibility of canceling an arbitral award in a country that was not a place of arbitration. At first glance, it might seem that the provisions of Article III of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, according to which each state party “recognizes arbitral awards as binding and enforces them in accordance with the procedural rules of the territory where the recognition and enforcement of these decisions is requested ”, gives a guarantee to the participants in legal relations for a transparent and predictable enforcement of decisions of foreign courts, which is so important for implementation of cross-border transactions. However, in fact, in the enforcement process, given the legal provisions of national law, it turns out that the provisions of the Convention are not so straightforward.