This article is devoted to the issue of the enforceability in Russia of arbitral awards rendered pursuant to arbitration agreements between Russian companies or state agencies, on the one hand, and private firms operating outside of Russia, on the other. The emphasis is on the enforcement of arbitral awards rendered outside of Russia. Russian statutory law, international treaties to which Russia is a party and Russian court practice are discussed. The enforceability of foreign judicial decisions, as opposed to arbitral awards, in Russia is also briefly discussed.
In this essay, I discuss in some detail an extraordinarily instructive US case from the early 2000s: the Soiuzmul’tfil’m controversy, formally known as Films by Jove, Inc. v. Berov. More precisely, this essay is about a series of related cases in the United States and Russia concerning the rights to Soviet animated films. In their decisions, the courts discuss—and, to some extent, resolve—a number of complex legal issues of Soviet, post-Soviet, and current Russian law, including those related to intellectual property, corporate law, and private international law.