The contravention of a foreign judicial judgment to the national public order is deemed as a sufficient ground to reject recognition and enforcement of foreign court and foreign commercial court judgments in the international law instruments (the New York Convention of 1958), as well as in the law of the Russian Federation.
According to the article 1193 of the Russian Civil Code, the applicable provision of foreign law shall not be applied in certain cases when the consequences of its application would have obviously been in conflict with the fundamentals of law and order (public order) of the Russian Federation. The Russian Civil Code provides that in this case corresponding provision of Russian legislation should be applied if necessary. At the same time rejection in application of the foreign law provision should not be based solely on differences in legal, political or economic systems between a relevant foreign state and the Russian Federation. More…
