Determination of the Law Applicable to Foreign Economic Transactions under the Principle of the Closest Connection

10.12737/4828 ◽  
2014 ◽  
Vol 2 (7) ◽  
pp. 95-103
Author(s):  
Юлия Блинова ◽  
Yuliya Blinova
Keyword(s):  
Foreign Trade ◽  
Present Article ◽  
Russian Federation ◽  
Civil Code ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Applicable Law ◽  
Chamber Of Commerce ◽  
The Russian Federation

The present article focuses on questions of qualification of applicable law to foreign trade transactions on the basis of the principle of most significant connection if the applicable law has not been chosen by the parts. The meaning of the principle of most significant connection is made study of in national law, the meaning of the term “characteristic performance for the contract meaning” is defined by analyzing of different legal sources. Herewith attention is paid to the problems connected with the using of article 1211 of the Civil Code of the Russian Federation and precedents of the International Commercial Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation are analyzed.

scholarly journals BASIC TERMS OF DELIVERY AS A DECISIVE FACTOR AFFECTING THE VALIDITY OF A FOREIGN TRADE CONTRACT AND THE CORRECTNESS OF THE CALCULATION OF THE CUSTOMS VALUE OF GOODS

2021 ◽  
Vol 7 (2) ◽  
pp. 149-159
Author(s):  
A. A. Sladkova
Keyword(s):  
Foreign Trade ◽  
Russian Federation ◽  
Legal Regulation ◽  
Decisive Factor ◽  
Court Decisions ◽  
Transport Costs ◽  
Commercial Arbitration ◽  
Chamber Of Commerce ◽  
Total Transport ◽  
The Russian Federation

The article deals with some aspects of the legal regulation of relations between the counterparties of a foreign trade transaction. Based on the results of the analysis of the practice of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation, conclusions are drawn on the application of the provisions of the UN Convention on Contracts for the International Sale of Goods of 1980 in resolving disputes between the parties to a foreign trade contract. The features of using the delivery bases under INCOTERMS 2020 in order to form the transport conditions of a foreign trade contract are revealed, and also, using the example of several delivery bases, it is indicated what transport costs should be charged to the contract value of goods in order to form the correct customs value. Based on the consideration of some court decisions, the role and significance of the delivery basis were determined both for resolving disputes between counterparties in case of accidental damage or loss of cargo during transportation, and for correctly determining the amount of the customs value of goods. A specific example is used to calculate the amounts of transport costs, insurance and customs value for each product when they are delivered together, when the total transport costs and insurance are initially determined for them.

Legal Ground of Choice of Law Agreement Permissibility in International Commercial Arbitration

2020 ◽  
Vol 7 ◽  
pp. 23-30
Author(s):  
T. V. Novikova ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Ad Hoc ◽  
Civil Code ◽  
Commercial Arbitration ◽  
Choice Of Law ◽  
International Commercial Arbitration ◽  
The Supreme Court ◽  
Research Goal ◽  
The Russian Federation

Problem statement. Specific nature of international commercial arbitration raises an issue whether in this case lex fori is capable to be the ground of choice of law agreement permissibility. Topicality of the issue is determined by the Supreme Court of the Russian Federation explanation of 09 July 2019 to courts referring issues of choice of law permissibility to lex fori. Goals and tasks of the research. Goal – research of legal ground of choice of law permissibility in international commercial arbitration. Tasks: to study the ICAC approaches to choice of law acknowledgement; to advance a hypothesis on the influence of explanation by the Supreme Court of the Russian Federation in respect of article 1210 of the Russian Federation Civil Code to the ICAC practice and to draw a conclusion on the international commercial arbitration «procedural documents» provisions as the ground for it to acknowledge choice of law agreement. Methods. Methods of formal logic play a key role: analysis of the ICAC practice permitted to distinguish three approaches to choice of law agreement permissibility grounding; induction of ratio decidendi of the ICAC separate decisions – to draw a conclusion on the article 1210 of the Russian Federation Civil Code influence to the ICAC practice in general and on this basis to advance a hypothesis on possible influence of explanations by the Supreme Court of the Russian Federation in this respect; comparison of the international commercial arbitration rules – to draw a conclusion that these provisions are the ground of choice of law acknowledgement by the tribunal. Results, brief conclusion. Firstly, three approaches of the ICAC to the choice of law agreement permissibility grounding have been revealed and in each them the ICAC relies on the article 1210 of the Russian Federation Civil Code. As far as the article 1210 has an impact on choice of law permissibility grounding within the ICAC, explanations by the Supreme Court of the Russian Federation in respect of this article are capable to have a possible impact on the ICAC practice. Secondly, within the international commercial arbitration the choice of law agreement permissibility grounding should be based on provisions of its «procedural documents», e. g. national law on international commercial arbitration, rules of institutional arbitration or ad hoc arbitral tribunal, – these rules (but not conflict of laws addressed to courts of the state of the arbitration seat) could be considered as its peculiar lex fori.

Problems of recognition and enforcement of international commercial arbitration decisions

2021 ◽  
Author(s):  
Rafael' Komilzhonov ◽  
Yuliya Ivanova
Keyword(s):  
Russian Federation ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Recognition And Enforcement ◽  
The Russian Federation ◽  
Arbitration Award

The article analyzes the problematic aspects of recognition and enforcement of international commercial arbitration decisions on the territory of the Russian Federation. It is noted the complexity and lack of procedural guarantees for the parties to the dispute to implement the arbitration award. It is concluded that it is necessary to remove obstacles to the rapid and effective execution of commercial arbitration decisions.

2 The 2015 Reform of Arbitration

2020 ◽  
Author(s):  
Oda Hiroshi
Keyword(s):  
Russian Federation ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
The Russian Federation ◽  
Institutional Aspects ◽  
The Law

This chapter discusses the 2015 Arbitral Reform. The arbitral reform, which started in 2011, culminated in two sets of laws adopted by Parliament and signed by the president on 25 December 2015. The package comprised the Law on Arbitration of the Russian Federation and the Law on the amendments to the Laws in relation to the adoption of the above law. The latter included amendments to the Law on Commercial Court Procedure and the Law on International Commercial Arbitration. On 27 December 2018, the Law on Arbitration was further amended. The power to grant license to perform functions of permanent arbitral institutions was shifted to the Ministry of Justice. One of the fundamental issues which were contested in the process of the reform was whether the existing regime of segregation of international and domestic arbitration should be abandoned altogether or should be maintained. With the strong opposition from experts of international commercial arbitration supported by the Codification Commission and the President’s Administration, the system of two separate laws, that is, the Law on Arbitration and the Law on International Commercial Arbitration, was maintained. However, organisational/institutional aspects of arbitration, including international arbitration, are now regulated by the Law on Arbitration.

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