Recognition and enforcement of foreign judgments in Russia

Conditions for Recognition and Enforcement of Foreign Court Decisions

To recognize and enforce a foreign court decision in Russia, it is necessary to apply to the arbitration court of the Russian Federation subject where the debtor’s property or the place of execution of the decision is located.

The applicant must submit the following documents:

• An application for recognition and enforcement of the decision

• A copy of the foreign court ruling with a certificate of its finality

• A document confirming that the respondent was duly notified

• Power of attorney (if applying through a representative)

• Translations of all documents into Russian, properly certified
  Depending on the jurisdiction, documents must be legalized or apostilled.

The application is examined according to the general rules of claim proceedings. The court checks for compliance with procedural guarantees, the legal connection of the dispute with the foreign jurisdiction, and whether the recognition of the decision is admissible in Russia.

Recognition and Enforcement of Foreign Arbitral Awards

Foreign arbitral awards are recognized and enforced in the Russian Federation in accordance with the 1958 New York Convention, to which Russia is a party. Chapter 31 of the APC RF also applies.

The procedure for filing an application is similar to that for recognizing a court decision. The applicant submits to the arbitration court:

• An application for recognition and enforcement

• A copy of the arbitral award and the arbitration agreement

• Proof of the award’s finality

• Evidence of the respondent's notification

• Translations of all documents into Russian, notarized.

The court verifies the validity of the arbitration agreement, compliance with procedural rules, and the compatibility of the award with Russian public policy. If any grounds for refusal under Article V of the New York Convention are present, the court may refuse recognition.

Unlike foreign court decisions, the enforcement of arbitral awards can take place even without a bilateral treaty, provided that both parties are signatories to the New York Convention.

Grounds for Refusal of Recognition and Enforcement

The arbitration court of the Russian Federation may refuse to recognize and enforce a foreign court or arbitral decision on the grounds established by Article 244 of the APC RF and Article V of the New York Convention (1958). These grounds include:

• Lack of proper notification of the party about the proceedings

• Invalidity of the arbitration agreement

• Exceeding the arbitrator's powers or jurisdiction

• Violation of Russia’s public policy

• Existence of a final ruling from a Russian court on the same dispute

• The case being heard by a court with no jurisdiction or falling under the exclusive jurisdiction of Russian courts

• Violation of procedural rights, including the inability to present a position during the proceedings

Any of these grounds will result in refusal of recognition and enforcement, regardless of the substance of the dispute.

Procedure for Enforcement After Recognition

After the arbitration court’s decision to recognize and enforce the foreign judgment, the applicant receives an enforcement order (executive writ). This document is submitted to the local FSSP (Federal Bailiff Service) office for the initiation of enforcement proceedings or directly to the bank (if the debtor’s account details are known).

The bailiff opens enforcement proceedings, notifies the parties, and requests information from registries, banks, and other institutions to locate the debtor’s assets. If necessary, assets including funds, real estate, and vehicles may be seized.

The enforcement order is valid for three years from the date the court’s decision becomes final.

Specifics of Enforcement for Foreign Applicants in Russia

Foreign applicants face several mandatory and additional requirements under Russian law:

• Funds collected can only be transferred to a bank account located in Russia

• All documents must be translated into Russian and notarized

• In some cases, apostille or consular legalization is required

• A request for debt indexing can be filed if enforcement is delayed

• Effective enforcement requires regular monitoring of bailiff actions

KDpartners specialists assist foreign clients at all stages of the enforcement of foreign judgments in Russia. We prepare document packages in compliance with all Russian procedural and currency laws, represent interests in the arbitration court, obtain enforcement orders, and supervise FSSP actions during enforcement. When necessary, we file complaints regarding bailiff inaction, initiate asset searches, and ensure the transfer of funds to the client’s designated account following the proper procedure.