International arbitration is a highly popular instrument of the
dispute resolution, and, therefore, the actual recovery of debts is
a matter of high importance. Meanwhile, creditors often face
problems in the process of recognition and enforcement of foreign
arbitral awards in Russia. Statistics for 2020 shows that 87 of 244
claims submitted to Russian courts were dismissed (35.6%). This
means that each third claimant cannot count on receiving the funds
in reality.
One of the most popular but the least foreseeable reason for the
refusal in recognition and enforcement of foreign arbitral awards
is a contradiction to public policy of the Russian Federation.
Pursuant to the Russian Supreme Commercial Court clarifications,
public policy means fundamental law principles of the highest
degree of mandatory nature, generality, special social and public
importance. Breaching public policy may infringe on the sovereignty
or safety of the state, affect interests of large
