Court of Arbitration for Resolution of Economic Disputes at the Chamber of Commerce and Industry of the Russian Federation

Execution of Awards

As per Article 44 of the Federal Law No. 103-ФЗ of July 24, 2002 “On Third-Party Courts in the Russian Federation” (hereinafter the “Law”), and Article 48 of the Rules of Procedure of the Court of Arbitration for Resolution of Economic Disputes at the Chamber of Commerce and Industry of the Russian Federation   “Any award of the Third-Party Court shall be executed voluntarily and within the terms indicated in such Award”.
Unless the deadline for the Award execution is fixed by such Award, it must be executed immediately. Where any Arbitration Court’s Award is not executed voluntarily, it can be enforced. Enforcement of third-party courts Awards is provided for in Article 45 of the Law.
The counterpart that wins the case may, under Clauses 2 and 4, Article 45 of the Law, request a competent court to issue an Enforcement Order at any time within three years from the end of the period allowed for voluntary execution of the third-party court’s Award.
The procedure for issuing the Enforcement Order by any competent court with the view of enforcing a third-party court’s Award is regulated by the Code of Arbitral Procedure of the Russian Federation (CAP RF) (paragraph 2, Chapter 30). As specified in paragraph 3, Article 236 of the CAP RF, “Any petitions for Enforcement Orders pertaining to arbitration courts’ awards are to be filed with the arbitration court of the respective Russian Federation constituent member either at the judgment debtor’s place of business, or at the place of such debtor’s residence, or where the judgment debtor’s location or residence is unknown, at the place of location of the property owned by the indebted counterpart to such arbitration proceedings. Paragraph 2, Article 238 of CAP RF, prescribes that “such Petition shall considered by the arbitrator individually within a month from the receipt thereof by the Arbitration Court, including the time required to prepare for the proceedings and issue of the respective Ruling.
Proceeding from the results of processing of the Petition soliciting issuing of an Order enforcing any Third-Party Court Award the competent Court of Arbitration shall issue a respective Ruling (as per paragraph 1, Chapter 240 CAP RF). The Arbitration Court’s Ruling prescribing the issuing of such Enforcement Order is subject to immediate compliance (Chapter 45 of the Law).
The Arbitration Court’s Ruling prescribing the issue of an Order enforcing any Third-Party Court’s Award or refusal of such Order may be appealed against to a superior court of cassation within a month of the date of such Ruling issue (paragraph 4, Article 240 CAP RF). No way of appealing against such Rulings is provided for.
The actions to be undertaken to enforce third-party courts’ Awards are regulated by the Federal Execution Process Law No. 119-ФЗ of July 21, 1997 “On Enforcement Procedure”. Any such enforcement procedure shall be instituted by a respective bailiff made in charge of administering the Enforcement Order issued by a competent Court of Arbitration on the basis of the respective Three-party Court’s Award.