Recognition of Foreign Judgments by Russian Courts Anerkennung ausländischer Urteile durch russische Gerichte
Volume 74 (2010) / Issue 3, pp. 493-521 (29)
Russian law is continuing to show a sceptical approach towards the recognition of foreign judgments. The present provisions still require an international treaty as a condition for recognition and enforcement. In recent times, however, Russian and German legal scholarship has extensively discussed the question whether in the absence of a relevant international treaty, Russian law would still allow for the recognition and enforcement of a foreign judgment. The circumstances which gave rise to this discussion were a number of judgments rendered by Russian courts in the years from 2002 to 2005 in which the recognition of foreign judgments was granted on the basis of the principle of reciprocity. A further unsolved problem relates to the question whether the Partnership Agreement, concluded between the European Union and the Russian Federation constitutes a required international treaty for purposes of recognition and enforcement even though the agreement does not expressly include any provisions regarding recognition or enforcement. In recent judgments several Russian courts have given a positive answer to this question. In the course of the further development of the provisions concerning the recognition of foreign judgments, Russian law faces the seldom noticed problem that its law of civil procedure grants court decisions extensive objective and subjective legal effect.