- Project Runeberg -  A practical guide for Russian consular officers and all persons having relations with Russia /
116

(1916) Author: Alfons Heyking - Tema: Russia
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Ііб

FOREIGN CIVIL JUDGMENTS. P. iv„ Сн. ѵи.

Art. 1276. To the petition must be annexed :—

1. A Copy of the judgment attested by the court which gave the
judgment and accompanied by a warrant of execution, or a
declaration of the court to the effect that the judgment is to be executed.
The declaration of the court must be legalised by a Russian Legation
or Consulate.

2. A translation of the judgment into Russian.

3. Copies of the above documents.

Art. 1277. The citation of the accused by the court is made in
accordance with the general rule of procedure.

Art. 1278. Petitions for the execution of judgments of foreign
courts are to be dealt with by the process of abbreviated proceedings.

Art. 1279. such cases the Russian Courts do not investigate
the matters in dispute, this having already been done by the foreign
court, but have only to satisfy themselves that the judgment of the
foreign court is not in conflict with public order or contrary to the
laws of Russia.

Art. 1280. Judgments as above are executed according to the
ordinary rules for the execution of judgments of the Courts of the
Empire.

Art. 1281. Judgments of foreign courts are not subject to
execution in Russia if they deal with real estate situated in Russia.

These provisions also refer to arbitration awards since the Ruling
Senate has adopted the principle of identifying arbitration awards
with the judgments of ordinary courts, so far as the awards are
recognised by these courts. Therefore, arbitration awards like the
judgments of foreign courts are not recognised in Russia without the
existence of a special treaty, and arbitration clauses in the contracts
providing for the submission of disputes to arbitration courts abroad
are also considered as void.1

Up to the present time, Russian law does not recognise the kind
of arbitration that is known in Western European countries, as for
instance, in England, in France and Belgium, and Germany, and
it is on this ground that Russian authorities do not recognise awards
given in foreign countries on the strength of laws of arbitration which
differ from those in Russia. Russian Civil Code of Procedure admits
the general principles of arbitration on the strength of which any
question, with the exception of those specially mentioned in the law,
may be settled and award enforced if certain stringent formalities
have been observed in the signing of the arbitration agreement.
Art. 657 note 3 of the Russian Trade Regulations provide especially
for commercial arbitration giving to the Russian Exchange Committees
the right to establish such arbitration. But the law gives no power
to enforce the awards of commercial arbitration, and Russian law
courts do not enforce them.2 They are valid in so far as they are in

1 Decision of the Civil Department of the Senate in 1870, No. 646, and of the
Judicial Department, February 1912. Decision of the Civil Department 1890,
No. 26.

2 Decision of the Civil Department of the Ruling Senate of 1909, No. 93.

§99.

Arbitration
in Russia.

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