Public policy, security of State and latest special Presidential powers: old and new hurdles in recognition and enforcement of foreign arbitral awards in Russia

This article discusses Russian regulatory framework and local courts’ attitude towards public policy (public order) concept when considering recognition and enforcement of foreign arbitral awards. Specifically, it establishes that in Russia public policy is intimately linked to the notion of security of state. The latter is predominantly defined via the orders of the President of Russia who has both executive and policy-making powers in this regard. Thus, to a large extent, public order of the Russian Federation depends on and is shaped by its President. Given the fact that the President of Russia can exercise extensive discretion in his orders and decrees on this subject, the author further argues that public order is an extremely fluid concept in Russia. Lastly, the article further analyses the new security-related powers given to the Russian President and their impact on arbitration and the recognition of foreign arbitral awards on the territory of the Russian Federation.