• Благотворительный фонд Весна в сердце




Russia: Recognition and enforcement a foreign judgment based on the principle of international politeness


Background: The claimant, a foreign-company, applied to a court for an application for the recognition and enforcement of the judgment of the High Court of Justice of England. The defendant, a company domiciled in Russia, objected and alleged that defendant had not notified him of litigation. Moreover, the defendant thought if the agreement between Russia and the United Kingdom of Great Britain and Northern Ireland on recognition and enforcement of judgments of its states is absent, the court should dismiss the application.

Court’s opinion: In accordance with the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (1965) the claimant took all measures to notify the defendant on litigation in England. The defendant refused this notification – the representative of the defendant refused to obtain documents in a Russian court. Then, the claimant sent the documents both by a courier service (DHL) and by e-mail and fax.

The defendant’s objection that there is no agreement between Russia and the United Kingdom of Great Britain and Northern Ireland on recognition and enforcement of judgments of these states was rejected with reference to the principle of international politeness and recent position of the Supreme Court of Russia (the ruling dated 7 June 2002 N 5-GO2-64). The Court said if there is no agreement on recognition and enforcement of judgments of contracting states, this circumstance is not an unconditional for refusing recognition and enforcement of a foreign judgment.

Court’s decision: The court of first-instance ruled on the recognition and enforcement of the judgment of the High Court of Justice of England and Wales. The Supreme Court of Russia upheld it (the decision of the Supreme Court of Russia dated 18 August 2014. Case А07-16859/2013).