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Recognition and Enforcement of Russian Court Judgments and Arbitral Awards in the Former Soviet Union States
The establishment and development of a common economic space between the states of the former Soviet Union has led to an increase in cross-border disputes. Current experience shows that recognition and enforcement of foreign court judgments and arbitral awards are among the top problems which business and professional communities participating in cross-border disputes face. To a certain extent, this issue is the cornerstone for achieving a fair dispute resolution since all previous processes may lose any purpose without recognition and enforcement. This article focuses on the procedure of recognition and enforcement of Russian court judgements and arbitral awards in the former Soviet Union states, save for the Baltic countries (ie Latvia, Lithuania and Estonia).
Enforcement proceedings in the Republic of Kazakhstan
State power in the Republic of Kazakhstan is exercised on the basis of the Constitution and laws in accordance with the principle of its division into legislative, executive and judicial branches and interaction with each other using a system of checks and balances. Enforcement proceedings are delimited from the judicial branch and assigned to the jurisdiction of the executive authorities.
Enforcement Proceedings and Bankruptcy in Turkey
Execution and Bankruptcy Law is the field of law that regulates procedures and rules in order creditors to collect their receivables by using the powers of the judicial state organs due to the debtor’s failure to fulfill his/her debt. The Turkish Execution and Bankruptcy Law No. 2004 (“EBL”) regulates various enforcement and bankruptcy procedures related to the collection and recovery of creditors’ receivables.
Enforcement Proceedings in Russia: Rostov-On-Don
Often, seafarers have to go through several rounds of legal proceedings in order to recover their legitimately earned wages which had not been not paid by the shipowner. Twelve crew members of the infamous motor ship "L", which was arrested for wage arrears, also have this experience.
Enforcement Proceedings in Russia: Samara
The institution of enforcement proceedings was created, among other powers, for the compulsory execution of judicial acts.
In the 11th century, in accordance with Russian Pravda, the so-called posadnikov or princely warriors - youths, swordsmen and children, acted as "executors", defenders of the plaintiff's interests, collected court fees and assisted in getting back the borrowed property.
Enforcement proceedings in Belarus
Enforcement proceedings are a key and defining procedure for collecting debts from any counterparty, because the previous work on negotiations, filing claims, lawsuits and obtaining court decisions in your favor will be worthless without an enforcement procedure.
International Arbitration 2021
Arbitration is becoming more and more popular in Uzbekistan as an alternative to litigation. With the adoption of the Arbitration Law in 2006, the number of arbitration tribunals established in Uzbekistan reached nearly 300 in 2021. One of the most active is a network of arbitration courts under Chamber of Commerce and Industry of Uzbekistan (CCI).
Enforcement Proceedings
The experience of different states, given in the brochure, will demonstrate the existence of not one, but several ways to overcome the slowness and inefficiency of execution in practice, and also that the possible solutions to the problem are varied, but they all ultimately are based on a delicate balance, along with other things, of the norms of executive the law and practice of their application, a high level of training and responsibility of various professionals involved in the implementation process, as well as the institutional and social systems in which these professionals are forced to carry out their activities.
Doing Business in Kazakhstan: April 2021
The information herein is based on theoretical and practical information available as of april 2021. The content of this publication is intended for foreign businessmen and companies seeking to do business in the Republic of Kazakhstan.
Recognition and enforcement of the Polish judgments in Belarus
Recognition and enforcement of foreign judgments on the commercial matters against legal entities in Belarus are not rare. If decision of the foreign court is not executed voluntary by the Belarusian debtor than one shall deal with procedure of recognition and enforcement.
Note on the Law of the Republic of Uzbekistan “On International Commercial Arbitration”
On February 16, 2021 President of the Republic of Uzbekistan has approved the Law “On International Commercial Arbitration” (hereinafter – the “Law”). As a result, Uzbekistan became 85th country and 118th jurisdiction to enact legislation based on the Model Law of the United Nations Commission on International Trade Law(UNCITRAL) on International commercial arbitration (hereinafter – the “UNCITRAL Model Law”). The Law was approved by the UNCITRAL.