- Project Runeberg -  A practical guide for Russian consular officers and all persons having relations with Russia /
117

(1916) Author: Alfons Heyking - Tema: Russia
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P. IV., Сн. VII. FOREIGN CIVIL JUDGMENTS.

117

accordance with local laws and so long as their execution does not
interfere with such laws. The award of an arbitrator is a private
act, which, like any other private act, may be made the basis of
a claim before the competent court of law.

Under such circumstances, Russia cannot conclude arbitration
treaties with other European countries, as otherwise arbitration
awards to foreigners against Russian subjects would be contrary to
the general principle that foreigners cannot be given more rights
than those which the natives themselves of the country possess.

In 1913 Russia concluded an arbitration treaty with Bulgaria
for the enforcement of judgments of the courts and arbitration awards
of one of the contracting countries on the territory of the other.
Section 32 of that treaty requires that the award be paid in
accordance with the law of the country where the arbitration has taken
place, and that it be not contrary to the public order of the country
where the award is to be enforced. This treaty with Bulgaria is the
only arbitration treaty concluded by Russia. Its conclusion was
due to the similarity of the Russian and Bulgarian Code of Civil
Procedure. Thus, with regard to arbitration, it has given to
Bulgarians the same rights which Russian subjects have in their own
country. The only way to improve the position with regard to foreign
arbitration awards in Russia, is to amend the existing Russian law
in respect of arbitration, to bring it into line with legal provisions
in arbitration prevailing in Western Europe.

A class of cases of execution of the judgment of foreign courts
of law was created by the Convention concluded on the 14th October
1890, at Berne, between Russia, Germany, Belgium, France, Italy,
the Netherlands, Luxemburg, Austria-Hungary, and Switzerland,
relating to goods in transit by rail.1 Art. 56 of this Convention
stipulates as follows : " Judgments passed by competent judicial authorities
on the basis of the provisions of this Convention and which can be
put in force in accordance with the laws by which the said judicial
authority was guided, retain their force in the territory of all the
contracting States, subject to the conditions and formalities prescribed
by local law, but without an examination into the substance of the
judgment. This rule does not apply to judgments which are only
provisional, or to those parts of a judgment by which a complainant
who has failed to make good his case, is condemned, in addition to
paying the costs of the legal proceedings, to the payment of
compensation."

It follows, therefore, that the law court of the State in which
the judgment is to be executed is only required to test (1) whether
judgment has been pronounced on the basis of the Convention ; (2)
whether the judge was competent, according to the terms of the
Convention ; and (3) whether the decree is to be executed absolutely
and not provisionally. This question is to be decided in accordance
with the laws of the State in which judgment was passed. Judgment
is not enforced in cases where the claimant in a suit is condemned
to pay damages in addition to the costs of the proceedings.

1 Leske and Lowenfeld : Die Rechtsverfolgung im internationalen Verkehr.
Berlin, 1895, Vol. I., Page 840.

§§ 99, 100.

Arbitration
treaty with
Bulgaria.

§100.
Germany,
Belgium,
France,
Italy, [-Netherlands,-]
{+Nether-
lands,+}

Luxemburg, [-Austria-Hungary, Switzerland. Transit-]
{+Austria-
Hungary,
Switzer-
land. Tran-
sit+} by Rail.

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