Reciprocity in recognition and enforcement of foreign arbitration decisions in Russia

The analysis of this problem is caused by the absence of existing practice in the courts of Russia, as well as by the interpretation of the problem in the highest courts. This incongruity leads to the unwillingness of the parties to submit trials with foreign elements to Russian courts. The study analyzes formal foundations for execution of foreign arbitration decisions and court practices. It was considered necessary to apply reciprocity as a substantive and procedural basis for enforcement of decisions of foreign arbitration courts, which in turn requires introduction of corresponding changes in Russian procedural legislation. Moreover, according to the Constitution of the Russian Federation, it is necessary to follow basic principles of international law - judicial comity, which is the basis for reciprocity in all cases when there are no contradictions to public order in the Russian Federation or other grounds directly specified in the law. As a result, to shape a positive international image of Russia it is proposed to study and use the USA and European countries’ experience concerning the application of the principle of reciprocity in the absence of international agreements.