ecognition and Enforcement of Foreign Judgments and Arbitration Awards under the Russian-Indian Treaty on Mutual Legal Assistance 2000

The paper analyzes the rules of the Russian-Indian Treaty on Mutual Legal Assistance and Legal Relations Concerning Civil and Commercial Matters 2000 (hereinafter – the Treaty) governing the recognition and (or) enforcement of foreign judgments. The author examines the content of the concept of judgment for the purposes of the Treaty application, including why the Treaty also covers the recognition of arbitral awards. The study further addresses the issues of transmittal of foreign judgments and arbitral awards by way of legal assistance for the purposes of their enforcement in the State of the debtor’s location. Special attention is paid to the analysis of the requirements for judicial and arbitral awards in terms of documents to be attached to the application for enforcement of the judgment, as well as to the analysis of the grounds for refusal to recognize and (or) enforce a foreign judicial and arbitral award. The author concludes that the rules of the Treaty in terms of judgements’ recognition and (or) enforcement are contradictory in many respects, and therefore require clarifying.