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COMPULSORY ENFORCEMENT OF ARBITRAL AWARDS IN RUSSIA - A DANGEROUS LEGAL PRECEDENT HAS OCCURRED

COMPULSORY ENFORCEMENT OF ARBITRAL AWARDS IN RUSSIA - A DANGEROUS LEGAL PRECEDENT HAS OCCURRED

M. SCHAER,
Director and Manager of Moscow Office,
Secretan Troyanov Schaer SA

N.I. GAIDAENKO SCHAER,
Candidate of Legal Sciences, Scientific Fellow,
Department of Civil Legislation of Foreign States, Institute of Legislation
and Comparative Law of Government of Russian Federation

O.V. ZAYTSEV,
Doctor of Legal Sciences, Professor, Dean of the School of Law,
Institute of Public Administration and Management of the Russian Presidential Academy
of National Economy and Public Administration

DOI: 10.24031/2226-0781-2020-10-5-101-117

In this article, the authors study and analyze the recent decisions of the courts of general
jurisdiction (the appeal ruling of the Judicial Collegium for Civil Cases of the Moscow
City Court of 26 July 2019 in case No. 33-34038/19 and the ruling of the Second General
Jurisdiction Court of Cassation of 12 March 2020 in case No. 88-3792/2020). The authors,
in the process of analyzing these examples of law enforcement law, come to the conclusion
that the lack of a pro-arbitration approach in the courts of general jurisdiction to the
application of the provisions of the Civil Procedure Code of the Russian Federation on the
procedure for enforcing decisions of arbitration courts may not only block for a long time
decision, but also to help reduce the popularity of arbitration proceedings as a way to resolve
commercial disputes in Russia. In addition, the researchers note that the existing norms
of the procedural law contribute to the emergence of situations that increase the time and
cost of enforcing the arbitral award and create additional risks, including those associated
with both delaying the process and blocking the execution of the arbitral award.

Keywords: arbitration court; decision of the arbitration court; enforcement of the decision
of the arbitration court; Section VI of the Code of Civil Procedure; judicial practice.

Information about the author

M. Schaer (Moscow, Russia) – Director and Manager of Moscow Office, Secretan
Troyanov Schaer SA (33, Bldg. 1 Usacheva St., Moscow, 119048, Russia; e-mail: markus.
schaer@sts-law.ru).

N.I. Gaidaenko Schaer (Moscow, Russia) – Candidate of Legal Sciences, Scientific
Fellow, Department of Civil Legislation of Foreign States, Institute of Legislation and
Comparative Law of Government of Russian Federation (34 B. Cheremushkinskaia St.,
Moscow, 117218, Russia; e-mail: natalia.gaidaenko@sts-law.ru).

O.V. Zaytsev (Moscow, Russia) – Doctor of Legal Sciences, Professor, Dean of the
School of Law, Institute of Public Administration and Management of the Russian Presidential
Academy of National Economy and Public Administration (84 Vernadskogo Av.,
Moscow, 119571, Russia; e-mail: zaytsev-ov@ranepa.ru).

Recommended citation

Schaer M., Gaidaenko Schaer N.I., Zaytsev O.V. Prinuditel’noe ispolnenie reshenii
treteiskikh sudov v Rossii – sluchilsia opasnyi sudebnyi pretsedent [Compulsory Enforcement
of Arbitral Awards in Russia – A Dangerous Legal Precedent Has Occurred]. Vestnik
grazhdanskogo protsessa – Herald of Civil Procedure, 2020, vol. 10, no. 5, pp. 101–
117. (In Russ.) https://doi.org/10.24031/2226-0781-2020-10-5-101-117

M. SCHAER, N.I. GAIDAENKO SCHAER, O.V. ZAYTSEV