Execution of the decision of a foreign court In Russia (foreign arbitration).
The decision of a foreign arbitration court can be enforced on the territory of the Russian Federation if on the territory of the Russian Federation the losing party has property, assets, or a branch / representative office / affiliated daughter. Danilenko’s lawyer will help your company resolve this issue by submitting a proper application to the arbitration court. There are few specialists in Russia who have ever come across such cases.
Usually, an application for the execution of a foreign arbitral award looks like this (sample / example of an application for the issuance of a writ of execution under a foreign arbitral award):
To the Moscow Arbitration Court
Name and seat of the court that made the decision:
Name and address of the Claimant:
Debtor’s name and address:
Declaration of recognition and enforcement
foreign court decisions and foreign arbitral awards
It indicates the decision of a foreign court or a foreign arbitral award, the recognition and enforcement of which is requested by the claimant. That is what is set out here in Russian, the meaning of the original and satisfied requirements and set to meet the requirements. It is very important to combine local legal norms with the legislation of the Russian Federation so that there is no conflict of peremptory norms (collisions), in which the decision of a foreign court cannot be enforced.
It is important to retrain all the details and circumstances in the case that was considered by a foreign court, to adapt them to Russian analogies.
On the basis of the above
ASK FOR COURT:
Recognize and enforce the decision of a foreign court or foreign arbitral award (place of court, time of issue, case number, etc.) and issue a writ of execution for the following requirements ….
1) A duly certified copy of the decision of a foreign court or a foreign arbitral award, the recognition and enforcement of which is requested by the claimant (in fact, this means apostalization of a foreign judicial act and apostatized translation into Russian).
2) Information about the entry into force of the controversial decision (if there are no marks on it).
3) A document duly certified and confirming that the debtor was promptly and in due form notified of the proceedings in a foreign court, the recognition and enforcement of the decision of which is requested by the claimant (usually if, under US law, this is a document from a special organization and or a clerk the court, about which the parties are notified or information from the case materials from how the organization was notified in the court itself). The same materials must be apostilled and translated into Russian with apostille.
4) Power of attorney of the recoverer’s representative),
5) A document confirming the sending to the debtor of a copy of the application for the recognition and enforcement of the decision of a foreign court.
6) The original of the receipt confirming the payment of 3000 rubles of the state duty.
Representative of LLC Majestic SoutionIT
Danilenko V.G. ________________ 18.11.2020
P.S. The problem of the execution of foreign courts is often hidden in four aspects:
The claimant misses the three-year application deadline
The debtor was not duly notified by the issuing court
The debtor in Russia has nothing official
Execution of a court decision is unacceptable for Russian law
Contact the lawyer Danilenko V.G. for help — email@example.com .The lawyer has a huge wholesale in the law of Russia and foreign countries.