What the service includes
This is a separate service and should not be confused with international commercial arbitration. Awards of arbitral institutions such as the ICC, the LCIA and similar venues are recognised in Russia almost universally thanks to the 1958 New York Convention; that area is covered in detail on our page on international commercial arbitration. Here we are concerned with judgments of foreign state courts, meaning the district, regional and commercial courts of a given country, to which the New York Convention does not extend and where recognition rests on a fundamentally different legal basis.
The basis for recognising a judgment of a foreign state court is either an international treaty in force between Russia and the country where the judgment was issued or, where there is no such treaty, reliance on the principles of reciprocity and comity, an approach Russian courts have applied ever more widely since 2022. One terminological trap deserves a separate mention: the application for recognition is filed with a Russian commercial (arbitrazh) court, but this is a state court for economic disputes, not an international commercial arbitral tribunal, despite the similar name.
We act in both directions: we help judgment creditors obtain recognition and enforcement of a foreign judgment against a debtor with assets in Russia, and we defend companies when an attempt is made to enforce a foreign judgment against them in Russia. We conduct the case from analysing the legal grounds and preparing the application through to obtaining the writ of execution or, if the task is the reverse, to the court’s refusal to recognise the judgment.
What the service includes:
Who it is for
The situations clients most often bring to us on this topic.
How we work
A fixed fee and a clear plan of action, agreed before work begins. The timeframes below are indicative and depend on the complexity of the case.
Analysis of the legal grounds
We check whether an international treaty is in force between Russia and the country where the judgment was issued, or assess the prospects of relying on reciprocity. Timeframe: 1-2 weeks.
Preparing the application
We prepare the application for recognition and enforcement, and translate and legalise the foreign court’s judgment. Timeframe: 3-6 weeks.
Hearing in the Russian commercial court
We represent the client at the hearing and respond to the other side’s objections on notification and public policy. Timeframe: 1-3 months.
Enforcement of the judgment
Once the court’s ruling has entered into force, we obtain the writ of execution and organise compulsory recovery. Timeframe: 2-6 months.
What you will need at the start
We confirm the exact list for your situation at the consultation. This is a guide so that you arrive at the first meeting prepared.
Key figures
Experience in this practice area specifically, not in practice as a whole.
Common mistakes
Evidence of notification of the defendant is not prepared. The defendant in the foreign proceedings often claims that it was not properly notified of the case, which is one of the most common grounds on which a Russian court refuses to recognise a judgment. Evidence of correct notification must be prepared in advance, not reconstructed after the fact.
The three-year deadline for presenting the judgment for enforcement is missed. Parties put off going to court for years, wrongly assuming that the judgment is already ready for enforcement, and then face an expired deadline for presenting it for compulsory recovery. Without a separate court procedure, restoring the deadline is difficult.
Russian public policy risks are not assessed in advance. Recognition is often treated as a formality, and nobody checks whether enforcing the foreign judgment would contradict the fundamental principles of Russian law. The court’s refusal then comes as a surprise at the hearing itself.
What you get
A legal opinion on the prospects of recognition. An analysis of the treaty framework between Russia and the country of the judgment, or an assessment of the chances of recognition on the basis of reciprocity, before the application is filed with the court.
An application for recognition and enforcement. Prepared and filed with the Russian commercial court at the location of the debtor or its property, with a full set of translated and legalised documents.
Representation at the court hearing. We respond to the other side’s objections on notification, public policy and deadlines, and defend the client’s position whether the client is seeking recognition or contesting it.
A writ of execution or a reasoned refusal for the other side. Depending on the task, either a plan for compulsory recovery under the recognised judgment or a well-founded position that protects against enforcement of the foreign judgment in Russia.
Related
Frequently asked questions
How does recognition of a foreign court judgment differ from enforcement of an international arbitral award?+
They are different legal mechanisms. International commercial arbitral awards are recognised almost universally under the 1958 New York Convention. Judgments of foreign state courts require either an international treaty between Russia and the specific country or, in its absence, reliance on reciprocity and comity.
Does Russia need a treaty with the country where the judgment was issued?+
Not always. If such a treaty is in force, recognition proceeds under it. If there is no treaty, since 2022 Russian courts have more often recognised a judgment on the basis of reciprocity, assessing whether the courts of that country recognise judgments of Russian courts.
Which court should the application for recognition be filed in?+
In the commercial court of Russia at the debtor’s location or, if that is unknown, at the location of its property in Russia. This is a state court for economic disputes, not an international arbitral tribunal, despite the similar name.
What happens if the deadline for presenting the judgment for enforcement is missed?+
The judgment must be presented for compulsory enforcement within three years of entering into legal force. If the deadline is missed, the court may refuse enforcement unless the deadline has been restored by the court.
Can the court refuse recognition even if the documents are in order?+
Yes. The court will refuse recognition if Russian public policy is violated, if the defendant was not properly notified of the foreign proceedings, or if the deadline for presenting the judgment for enforcement has been missed, even where the set of documents is formally correct.
How can I defend myself if someone is trying to enforce a foreign judgment against my company in Russia?+
Objections must be raised while the application for recognition is being heard in the Russian commercial court. That is the place to challenge proper notification, invoke public policy or argue that the deadline for presenting the judgment has been missed.