Recognition and Enforcement of Dutch Court Decisions in Russia: Procedure and Practice

Recognition and enforcement of a foreign court decision (exequatur) is a judicial procedure through which a state court confirms the legal force of a judgment rendered by a court of another state and authorizes its compulsory execution on its territory. For a business that has obtained a favorable judgment from a Dutch court (rechtbank or gerechtshof) against a counterparty with assets in the Russian Federation, the question of recognition and enforcement of that decision in Russia is critically important. The legal framework governing this procedure is contained in the Arbitration Procedure Code of the Russian Federation (APC RF), in Chapter 31 (Articles 241–246 APC RF). A key factor determining the prospects for recognition is the absence of a bilateral legal assistance treaty between Russia and the Netherlands, and the principle of reciprocity, which becomes decisive given that no such treaty exists for economic disputes.

What is the legal basis for recognizing Dutch court decisions in Russia?

The procedure for recognition and enforcement of foreign court decisions in Russia is governed by Chapter 31 of the APC RF (Articles 241–246). According to Article 241(1) APC RF, decisions of foreign courts are recognized and enforced in Russia if this is provided for by an international treaty of the Russian Federation or by federal law. There is no bilateral treaty on legal assistance between the Russian Federation and the Kingdom of the Netherlands. Consequently, the only possible legal basis for recognition of Dutch court decisions in commercial disputes is the principle of reciprocity, which is indirectly enshrined in Article 241(1) APC RF, which establishes requirements for the application, and the general principle of comity recognized by Russian courts.

How does the principle of reciprocity affect recognition proceedings?

The principle of reciprocity means that Russian courts will recognize and enforce decisions of courts of a foreign state if that state grants similar recognition to decisions of Russian courts. This principle is applied by Russian courts when considering applications for recognition of decisions from countries with which Russia has no treaty. The key point is Article 431(1) of the Dutch Civil Procedure Code (Wetboek van Burgerlijke Rechtsvordering, Rv), which establishes that decisions of foreign courts are not enforceable in the Netherlands unless otherwise provided by treaty or law. For countries without a treaty (including Russia), Article 431(2) Rv provides that such cases may be reheard by a Dutch court on the merits. The Netherlands does not recognize Russian commercial court decisions under a simplified exequatur procedure. Consequently, Russian courts, applying the principle of reciprocity, will likely treat Dutch decisions in the same manner, refusing simplified recognition and requiring a new hearing on the merits, or applying strict scrutiny to the recognition application.

Which Russian court is competent to consider the application?

Pursuant to Article 242(1) APC RF, a petition for recognition and enforcement of a foreign court decision is submitted to the arbitration court of a constituent entity of the Russian Federation at the location or place of residence of the debtor, or, if the debtor's location is unknown, at the location of the debtor's property. The application is submitted in writing and must comply with the requirements of Article 242 APC RF. According to Article 27 APC RF, arbitration courts have jurisdiction over disputes arising from civil and economic relations involving legal entities and individual entrepreneurs. Consequently, an application to recognize a Dutch court decision in a business dispute must be filed with an arbitration court (a commercial court), not a court of general jurisdiction.

What documents must be submitted and what are the requirements?

Article 242(3) APC RF establishes the mandatory list of documents to be attached to the petition for recognition of a foreign court decision:

1. a duly certified copy of the foreign court decision for which recognition and enforcement is sought;
2. a document certifying that the decision has entered into legal force, or, if this is not indicated in the decision itself, a separate document confirming this fact;
3. a document confirming that the party against whom the decision was issued was timely and properly notified of the proceedings, and that in the case of a default judgment, the defendant received a copy of the statement of claim;
4. a duly certified power of attorney or other document confirming the authority of the person who signed the application.

Article 255 APC RF provides that documents issued, drawn up, or certified by competent authorities of foreign states are accepted by arbitration courts in Russia if they are legalized or have an apostille affixed in accordance with the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, to which both Russia and the Netherlands are parties. Since the decision of a Dutch court is a public document, an apostille must be obtained from the competent Dutch authority (the District Court in the relevant jurisdiction) and affixed to the court decision. All documents must be accompanied by a duly certified translation into Russian (Article 242(3)(6) APC RF).

What are the grounds for refusing recognition and enforcement?

Article 244 APC RF provides an exhaustive list of grounds on which a Russian court may refuse recognition and enforcement of a foreign court decision. These include:

1. the decision has not entered into legal force;
2. the party against whom the decision was issued was not properly and timely notified of the proceedings and was thereby deprived of the opportunity to present its objections;
3. the case falls within the exclusive jurisdiction of Russian courts under Article 248 APC RF;
4. there is a final decision of a Russian court in a dispute between the same parties, on the same subject matter, and on the same grounds, that has entered into legal force;
5. there is a decision of a court of another foreign state between the same parties, on the same subject matter, and on the same grounds that has been recognized in Russia;
6. the statute of limitations for presenting the decision for enforcement has expired and has not been restored by the court;
7. the recognition and enforcement of the decision would contradict the public order of the Russian Federation.

Given the absence of a bilateral treaty and the application of the reciprocity principle, Russian courts will also examine whether the Dutch court had international jurisdiction under the rules of Russian law. If the Dutch court's jurisdiction was based on a prorogation agreement (choice of court clause) or on the place of performance of the contract, this will likely be accepted. However, if jurisdiction was based solely on the plaintiff's location without the defendant's consent, this may be challenged.

What are the timelines and costs of the procedure?

Article 243(1) APC RF provides that the application for recognition and enforcement is considered in a court session within one month from the date of its receipt by the arbitration court. The parties are notified of the time and place of the session; however, the absence of a duly notified party does not prevent consideration of the application.

The court issues a ruling (определение) based on the results of the consideration. Article 245 APC RF provides that the court, upon granting the application, issues a ruling on recognition and enforcement, on the basis of which an enforcement order is issued by the court and transferred to the debtor for execution.

The costs of the procedure consist of:

• State fee – in the amount of 30% of the state duty calculated in accordance with the rules of subparagraph 1 of paragraph 1 of Article 333.21 of the Tax Code of the Russian Federation, based on the amount confirmed by the relevant decision;
• Translation costs – the cost of a certified translation of the decision and documents into Russian;
• Legal representation costs – if the applicant engages a representative in Russia.

Since the procedure is a judicial proceeding, the involvement of a qualified lawyer is strongly recommended, especially given the complexity of reciprocity analysis and the need to properly prepare documents.

Summary of Recognition Procedure

Stage of Procedure	Applicable Norm (APC RF)	Key Features
Competent Court	Art. 242(1), Art. 34 APC RF	Arbitration court of a constituent entity at the debtor's location
Legal Basis	Art. 241(1) APC RF; no bilateral treaty; reciprocity principle	Recognition possible on basis of reciprocity (Art. 431 Rv analysis)
Application Contents	Art. 242(3) APC RF	Certified copy of decision, proof of entry into force, proof of proper notification, apostille, translation
Grounds for Refusal	Art. 244 APC RF	Exhaustive list; public order, lack of notification, existing local decision
Review Timeline	Art. 243(1) APC RF	Up to 1 month from application receipt
Appeal	Art. 245(3) APC RF	Ruling may be appealed to the cassation instance (to the arbitration court of the circuit)

Legal Assistance

At Law Firm 'Economic Disputes', we have built our practice around the specific needs of businesses facing cross-border enforcement challenges. Our track record speaks for itself: more than 2,000 clients have entrusted us with their disputes since our founding in 2019, and the total amount we have helped recover or preserve exceeds 1.95 billion Belarusian rubles. This results from a combination of deep litigation experience and a global perspective.

The firm's director, Sergey Belyavsky, draws on 20 years of experience in economic courts, with 10 of those years spent as a judge. He is a recommended arbitrator at the MAC under the BelCCI and serves as an arbitrator in other arbitration institutions. His experience is complemented by our in-house resources: 4 certified mediators and our own arbitration court, 'Economic Disputes', which allow us to offer alternative dispute resolution mechanisms alongside traditional litigation. Our team of 15 lawyers and specialists works in Russian, Polish, and English, ensuring seamless communication with Dutch counterparts and courts.

Our global reach is supported by a partner network spanning more than 160 countries, enabling us to navigate local procedures effectively. The firm maintains an account with PKO Bank Polski, facilitating financial operations for European matters. Our presence includes offices in Minsk and Grodno.

If your business requires legal support for the recognition and enforcement of foreign court decisions in Russia or other cross-border matters, submit a request — we will offer a realistic action plan based on your specific situation.