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The International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (the ‘ICAC’) is a recognized arbitral institution based in Moscow that has a long experience of administering transnational commercial arbitrations. Most frequently disputes decided by the ICAC tribunals arise out of commercial contracts of sale of goods, services, works, and lease. This paper tracks step-by-step the past of the ICAC which came into being and earned international recognition in the early period of Soviet history. The paper offers an overview of the most significant features of ICAC’s present status, organization and proceedings, in the light of the recent arbitration law reform in Russia, and presents related statistical data. The issues of applicable law and composition of the arbitral tribunals are also given due attention. The paper discusses why this arbitral institution deserves special attention when choosing a dispute resolution procedure in a case involving at least a party related to Eastern Europe and CIS.
The article examines the trends of application of the Jason clause and the New Jason clause in courts. The comparative approach to the legislation of Russia, international conventions and case law (primarily the UK and the USA), regulating the York-Antwerp rules on general average and the Jason clause shall apply.
Compliance is a widely spread interdisciplinary regulatory phenomenon that penetrates deeper and more closely into business activities. This article is intended to draw attention to the private law nature of compliance and its role in regulating international private relations. The presented empirical study of the implementation of compliance practices by transnational corporations allowed us to come to curious and previously unveiled in the domestic legal literature conclusions concerning the substance of compliance, as well as to outline promising directions for the development of effective compliance regulation in Russian corporations.
The review covers the main provisions and conclusions presented in Olga A. Ternovaya’s monograph “The Key Tendencies of the Foreign Corporate Legislation Development”. As a result of the research the author of the monograph reveals such current trends of modern corporate law development as digitalization, socialization, harmonization of norms on counteraction to erosion of taxable base and norms on corporate governance, democratization of corporate regulation, perfection of regulation of transborder bankruptcies. Olga A. Ternovaya’s work undoubtedly contributes to the development of domestic scholarship on corporate law of foreign jurisdictions.
In the article the author analyzes the concept of "cross-border retail payments", peculiarities of the legal status of Russian individuals and legal entities acting as consumers of payment services and providers of payment services. Specific attention is also paid to the provisions of the Russian legislation on national payment system, considering recent amendments to legal regulation of the business of foreign payment systems and foreign providers of payment services.
The article examines the concept of the "center of gravity of the debtor's economic interests" in the Russian courts practice. The article analyzes cases where the question of determining jurisdiction arose, where the debtor, shortly before filing for bankruptcy or immediately after, sought to change the factors determining jurisdiction in a bankruptcy case. The author considers European experience of the center of main interests of the debtor (COMI) application in the EU, identifies similarities and differences between the European and Russian approaches.
The article is devoted to the comparative analysis of asymmetric jurisdiction clauses in international procedural law. The paper focuses, firstly, on a detailed analysis of the national and international approaches to the nature and interpretation of asymmetric jurisdiction clauses within international civil procedure, and, secondly, on the rules on interpretation, validity and enforcement of such clauses under different jurisdictions and private international law in general. After examining the accumulated case law and theoretical material, particular attention is paid to the issue that currently there is a number of different grounds for recognition of asymmetric jurisdiction clauses as valid. Although Russian courts tend to invalidate such clauses, the issue has not been unambiguously resolved and requires reconsideration of the established approaches in light of the recent trends on international level. Thus, particular attention is paid to the highly problematic and contradictory aspects of unilateral dispute resolution provisions under the general principles of law, including autonomy, mutuality and equality of the parties. The article proposes to reconsider the most typical arguments for invalidating such clauses, both in terms of substantive and procedural principles. Analysis of these issues is of key theoretical and practical importance for the effective evolution of modern arbitration and litigation practices not only in Russia but all over the world.
On March 18, 2020, Russia’s Supreme Court and the Counsel of Judges issued Joint Resolution No. 808 to address measures Russian state courts must take to limit the spread of COVID-19.
The Resolution makes reference to the Federal Law on Sanitary and Epidemic Safety, the Federal Law on Protection of the Population and Territory against Extraordinary Events,3 as well as a number of COVID-19-related resolutions and decrees already issued by the Russian healthcare authorities.
On April 21, 2020, the Presidium of the Supreme Court of the Russian Federation issued an “Overview of selected issues of judicial practice, related to the application of legislation and measures to stop the spread of the coronavirus infection (COVID-19) on the territory of the Russian Federation No. 1” (the “Overview”).
This Overview sets out a number of important clarifications on the practical application of recent legislative developments as well as recent COVID-19 related measures to dispute resolution, contract performance, creditors’ rights, the imposition of criminal liability for spreading fake news on COVID-19 and on administrative liability for the violation of sanitary rules and protective measures. We set forth herein a number of clarifications affecting contract performance and dispute resolution.
The article covers the subject of forum shopping and regulatory com- petition in cross-border insolvencies and restructurings due to the im- pact of Directive of the European Parliament on preventive restructu- ring frameworks as well as the role of coronavirus pandemic. Looking at the experience of the European Union in handling bankruptcy and pre-bankruptcy forum shopping abuses, authors analyse the EU mo- del of preventive restructuring and its regulatory competition potential. They assess possible impact of COVID-19 on regulatory competition and forum shopping during insolvency and restructuring proceedings. The article draws parallels with Russian judicial practice
Currently, there is a need for reform of global monetary circulation and credit, which in a sense has stalled. The key is to restore the connection between monetary circulation and real production. In the first part of this study, I provide a brief analysis of the catastrophic consequences that the current design of reserve currencies has led to for the world economy. At the same time, the transition from the dollar to other reserve currencies operating on the same principles, the ethos of which is now being actively promoted in the West, will not improve the situation. In the second part, I demonstrate the efforts being made to de-dollarize settlements by both the BRICS, the EU, and the EAEU countries. The third part shows the successful historical experience of the transferable ruble as an international currency that functioned in 1960-1980 on non-discriminatory principles within the Council for Mutual Economic Assistance (CMEA). In the fourth part, the international currencies already functioning in the world are described, as well as some existing proposals for the introduction of new international currencies. I argue that reliable physical access to reserves in basic food and medicines in controlled warehouses is becoming a matter of great importance. The transition is necessary from the ideology of reserve currencies to the ideology of reserves of critical goods. Such an incentive of a new BRICS currency on the demand side will be food and healthcare security. On the supply side, for all states that have established a currency, there should be a clear vision of how they can develop their exports using this currency. In order to secure currency, such goods must be pledged to international BRICS warehouses that correspond to the main export directions of the project countries and/or are critical for their import. These are basic foods such as grains, then medicines, fuel and energy resources, and metals.
The article studies certain legal aspects of the use of mediation in notarial activities. The analysis was carried out on the basis of innovations of Russian legislation in this field, which expanded the scope and possibilities of using mediation in notarial practice. At the same time, the authors analyze the possibilities of using information technology in notarial mediation. The authors conclude that it is necessary to preserve the personal and confidential nature of communication between a notary and one’s customers in this case, despite the different trend of justice in civil cases – termination of judges’ communication with participants in trials in cases of a simplified and relatively indisputable nature. In addition, the authors paid attention to the doubtful and non-obvious criteria and conclusions of the annual Doing business ratings regarding notaries, which deny legal and cultural diversity and its capabilities, including in the field of mediation. In this regard, the authors studied the results of the XXIX World Congress of the International Union of Notaries, which took place in November 2019, where all of these issues – notariat, mediation, information technology and Doing business ratings were considered as a system.
This article is dedicated to one of the most interesting aspects of International Procedure Law – litigation with the participation of foreign persons. Authors focused on a comparative analysis of Russian, Kazakh and Uzbek legislation concerning the regulation of international procedural relations. Article includes two paragraphs: the first one considers international jurisdiction of Russian arbitrazh courts, Kazakh economic courts and Uzbek economic courts on commercial matters; the second one examines the recognition and enforcement of foreign court decisions in commercial matters on the territory of Russia, Kazakhstan and Uzbekistan. Authors deeply scrutinized a wide range of legal documents including domestic legislation and multilateral international treaties of regional character in order to show the convergences and divergences in Russian, Kazakh and Uzbek procedural law concerning participation of foreign persons in international commercial litigation.
President Vladimir Putin signed a bill on June 8, 2020 designed to provide legal recourse, in certain cases, to Russian (and foreign) persons who have been sanctioned by foreign states. The bill was officially published as Federal Law No. 171-FZ, setting out amendments to the Arbitrazh Procedure Code of the Russian Federation (the “Foreign Sanctions Law”). The Foreign Sanctions Law will come into force on June 19, 2020.
The Foreign Sanctions Law grants exclusive competence to the Russian arbitrazh (commercial) courts (“the Arbitrazh Court”) over disputes involving a party who has been sanctioned by a foreign state and over disputes involving a Russian and/or foreign party if such dispute arises between such Russian and/or foreign party and restrictive measures against the Russian party is the basis of the dispute.
The aim of the Foreign Sanctions Law is to protect Russian individuals and companies who have been impacted by foreign sanctions and who are therefore potentially unable to receive adequate protection in foreign forum due to their status.
Article describes recent amendments to the Russian Law on Medicines and newly issues governmental acts governing speed-up review and registration of the medicines for treatment of COVID-19.
In December 2018 the United Nations adopted the Convention on International Settlement Agreements resulting from Mediation, also known as the Singapore Convention on Mediation. It applies to international settlement agreements resulting from mediation. It establishes a harmonized legal framework for the right to invoke such settlement agreements as well as for their enforcement.
The Convention has been open for signature since August 2019. However, many States, including Russia and the EU, have not signed the Convention.
This paper analyses whether it makes sense for Russia and other States with a similar legal and economic system to take part in such an international conventon or to adopt legislation following the amendments to the UNCITRAL Model Law on the International Commercial Conciliation. The paper concludes that it is worthwhile for Russia to implement the mechanism for enforcing settlement agreements, resulting from international commercial mediation.
In itself, the absence in Russia and some other countries of the domestic mechanisms for the simplified enforcement of out-of-court settlement agreements does not exclude the possibility of a successful implementation of the Singapore Convention. Establishing such a mechanism for cross-border commercial settlement agreements does not require the prior availability of such mechanisms in all countries.
However, the implementation of the Singapore Convention entails a risk of abuse of the simplified procedure for enforcing a settlement agreement by dishonest parties against the other party, as well as the risk of its unfair use by both parties. For example, it could be used to cover illegal transactions, or for money laundering or tax evasion. The risk is related to the absence of unified global standards for conducting mediations, guarantees of its quality and requirements of the mediator. As result, some settlement agreements might have illegal content and might grossly violate the interests of one of the parties, third parties or public interests. However, the Singapore Convention contains a number of safeguards to counteract abuses and otherwise protect the legitimate interests of the state and individuals.
Nevertheless, taking into account the risk of abuse of the simplified mechanism for enforcement of the settlement agreement, consideration should be given to the possibility of establishing additional guarantees in the instrument to verify the content of such agreements.
The International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (the ‘ICAC’) is a recognized arbitral Moscow-based institution with long running experience in administering transnational commercial arbitrations. Most frequently, disputes decided by the ICAC tribunals arise out of commercial contracts of sale of goods, services, works, and lease. This paper follows the history of the ICAC, which was first established and earned international recognition in the early period of Soviet history. The paper offers an overview of the most significant features of the ICAC’s present status, organization and proceedings, especially in the light of the recent arbitration law reform in Russia, and presents related statistical data. The issues of applicable law and composition of the arbitral tribunals are also recognized. The paper discusses why this arbitral institution deserves notable attention when choosing a dispute resolution procedure in a case involving at least one party related to Eastern Europe and CIS.
This chapter continues a discussion of the jurisprudence of the CRC Committee dedicated to the 30th Anniversary of the UN Convention on the Rights of the Child. Part 1, published in the 2019 International Survey of Family Law, addressed the jurisprudence of the CRC Committee on the concept of family, non-discrimination, parental equality, parental rights, child marriage, polygamy and children born through surrogacy arrangements. Part 2 situates the more recent jurisprudence of the CRC Committee respecting child rights issues with significant implications for family law, and offers an analysis identifying progress in both conceptualisation and practice, as well as highlighting the potential challenges that remain for further investigation and clarification. This chapter therefore focuses on the issues related to children’s rights in case of parental divorce or separation, child removal from the family, adoption, childhood statelessness and the rights of children in the context of international migration, including correlation between adoption and kafalah. This chapter continues a discussion of the jurisprudence of the CRC Committee dedicated to the 30th Anniversary of the UN Convention on the Rights of the Child. Part 1, published in the 2019 International Survey of Family Law, addressed the jurisprudence of the CRC Committee on the concept of family, non-discrimination, parental equality, parental rights, child marriage, polygamy and children born through surrogacy arrangements. Part 2 situates the more recent jurisprudence of the CRC Committee respecting child rights issues with significant implications for family law, and offers an analysis identifying progress in both conceptualisation and practice, as well as highlighting the potential challenges that remain for further investigation and clarification. This chapter therefore focuses on the issues related to children’s rights in case of parental divorce or separation, child removal from the family, adoption, childhood statelessness and the rights of children in the context of international migration, including correlation between adoption and kafalah.