Practical guide to enforcing a Brazilian commercial decision in Russian courts

Enforcing a Brazilian commercial court decision in Russia presents both legal complexity and practical challenges. Russian procedural law permits recognition of foreign judgments even without a bilateral treaty, but the absence of one means the creditor must navigate a court system that, particularly in recent years, has become more cautious in granting exequatur for decisions from distant jurisdictions.

The procedural roadmap in the Russian arbitrazh court

The petitioner files a petition in writing, addressed to the arbitrazh court at the debtor's place of registration in Russia. The petition must be accompanied by the full document package; a filing fee is payable in accordance with the Russian Tax Code. The court schedules a hearing and notifies both parties. If the debtor does not appear, the court may still proceed. After the hearing, the court issues a ruling, which may be appealed within one month.

The following documents are attached to the application for recognition and enforcement of a foreign court decision:

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 recoverer;

2) a document duly certified and confirming the entry into force of a foreign court's decision, unless this is indicated in the text of the decision itself.;

3) a document duly certified and confirming that the debtor has been promptly and in due form notified of the proceedings in a foreign court, for recognition and enforcement of the decision of which the recoverer petitions.;

4) a power of attorney or other document duly certified and confirming the authority of the person who signed the application to the commercial court;

5) a document confirming the sending to the debtor of a copy of the application for recognition and enforcement of a foreign court decision;

6) a duly certified translation of the documents specified in paragraphs 1-5 of this part into Russian (Article 242 of the Arbitration Procedure Code of the Russian Federation).

When arbitration is the better choice

For businesses structuring new contracts or renegotiating existing ones, including an international arbitration clause – under UNCITRAL Rules, ICC Rules, – offers significantly better enforcement prospects in Russia. The New York Convention of 1958 provides Russia (and Brazil) with a multilateral treaty basis. An arbitral award can be enforced in Russia under Article 241 Arbitration Procedure Code of the Russian Federation by reference to the Convention directly, making the process more predictable and the grounds for refusal narrower.

What is the statute of limitations for filing a recognition petition in Russia?

Under the Arbitration Procedure Code of the Russian Federation, the petition for enforcement must be filed within three years from the date the foreign judgment became enforceable. Missing this deadline is an absolute bar to enforcement. 

About the Firm

Since 2019, the «Economic Disputes» law firm has handled complex cross-border commercial disputes for over 2,000 B2B clients. Our CEO Sergei Belyavsky brings 20 years of experience in economic courts, including 10 years as a sitting judge, and is a recommended arbitrator at the BIAC. We operate in Russian, English, and Polish, maintain a partner network in 160+ countries, and hold a bank account at PKO Bank Polski for convenient international payment. Our firm is a member of the AEA since June 2025.

If your business needs legal support for the recognition of a Brazilian court judgment in Russia, submit your request – we will propose a realistic action plan.