Enforcement of Foreign Court Judgments in Russia

A Recent Case Study

The below discussion of two enforcement cases from foreign jurisdictions with regard to the same subject matter illustrates some of the central factors the Russian courts consider in their enforceability analysis as well as the courts’ divergent approach to the conflicting judgments.

While in the English Judgment case, the Russian courts reinforce the “pro-enforcement” stance towards foreign court judgments, favoring the enforcement not only on the grounds of international treaties but also in recognition of the international law principles of reciprocity and comity. Not only is this a positive sign for entities seeking enforcement of foreign judgments in Russia, this “pro-enforcement” stance gives further arguments to those seeking enforcement of Russian judgments abroad on the basis of reciprocity.

However, uncertainty remains. In the French Judgment case, it is clear that the courts do not categorically apply the principle of reciprocity and comity in the absence of international treaties on foreign judgment enforcement. In the case of contradictory and conflicting foreign judgments, it appears that timing of enforcement applications and proceedings may also be a consideration in the courts’ analysis and decision.

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