Russia Report: The Enforcement of Foreign Arbitral Awards in 2016 – Vol. 27 No. 4

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Author: William R. Spiegelberger*

Published: May 2017

Arbitral Awards
Enforcement of Arbitral Awards

I.  Statistical Overview
In 2016 the enforcement rate of foreign arbitral awards in the Russian courts dipped to 86%, some 8% less than the rolling average for the previous four years. In four of the seven cases of denied enforcement, however, the proceedings were terminated without a decision on the merits because the court held it was the wrong venue for enforcement of the relevant award. If one assumes that the awards in these four cases were enforced, then the notional 2016 enforcement rate would rise to 94%, a figure in accord with the historical 2012-16 average (see assumed figures in parentheses in table 1 below):

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*William R. Spiegelberger is Director of the International Practice Department at Rusal Global Management B.V. in Moscow (since 2007), where he manages, among other things, the corporate group’s major litigations and arbitrations outside the Commonwealth of Independent States (“CIS”). He holds a J.D. degree from Columbia Law School and is a member of the National Advisory Council of the Harriman Institute at Columbia University in New York and of the Supervisory Board of Strabag SE, the Austrian construction company.