Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Adjudicative Jurisdiction in Civil and Commercial Matters in Russia: Analysis and Commentary†

Adjudicative Jurisdiction in Civil and Commercial Matters in Russia: Analysis and Commentary† AbstractA hundred and fifty years after the judicial reform by Tsar Alexander II, the Russian judicial system is undergoing yet another significant reorganization. In 2014, the Highest Arbitrazh (Commercial) Court was abolished and its functions and authority were transferred to the Supreme Court of the Russian Federation. The current rules of civil and arbitrazh procedure are under review, to be consolidated in the forthcoming unified Civil Procedural Code.This Article focuses on one aspect of the reform: the adjudicative jurisdiction of Russian courts. It critically analyzes the existing rules of jurisdiction, examines their historical predispositions, and offers suggestions for improvement in light of the impending reform. The topic of international jurisdiction appears particularly relevant, given recent international developments, such as the revision of the European Brussels I Regulation on Jurisdiction and the Recognition and Enforcement of Judgments, entry into force of the Hague Convention on Choice of Court Agreements, etc. The Russian judicial reform represents a unique opportunity to improve the country’s procedural fairness, which is significant both for Russian residents and international litigants. Thus, the Article seeks to inform the international audience on current developments in the field in Russia and aims to contribute to the English legal scholarship on private international law. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Adjudicative Jurisdiction in Civil and Commercial Matters in Russia: Analysis and Commentary†

Loading next page...
 
/lp/oxford-university-press/adjudicative-jurisdiction-in-civil-and-commercial-matters-in-russia-500v282EI3
Publisher
Oxford University Press
Copyright
© The Author [2017]. Published by Oxford University Press on behalf of the American Society of Comparative Law. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.1093/ajcl/avx002
Publisher site
See Article on Publisher Site

Abstract

AbstractA hundred and fifty years after the judicial reform by Tsar Alexander II, the Russian judicial system is undergoing yet another significant reorganization. In 2014, the Highest Arbitrazh (Commercial) Court was abolished and its functions and authority were transferred to the Supreme Court of the Russian Federation. The current rules of civil and arbitrazh procedure are under review, to be consolidated in the forthcoming unified Civil Procedural Code.This Article focuses on one aspect of the reform: the adjudicative jurisdiction of Russian courts. It critically analyzes the existing rules of jurisdiction, examines their historical predispositions, and offers suggestions for improvement in light of the impending reform. The topic of international jurisdiction appears particularly relevant, given recent international developments, such as the revision of the European Brussels I Regulation on Jurisdiction and the Recognition and Enforcement of Judgments, entry into force of the Hague Convention on Choice of Court Agreements, etc. The Russian judicial reform represents a unique opportunity to improve the country’s procedural fairness, which is significant both for Russian residents and international litigants. Thus, the Article seeks to inform the international audience on current developments in the field in Russia and aims to contribute to the English legal scholarship on private international law.

Journal

American Journal of Comparative LawOxford University Press

Published: Dec 1, 2016

There are no references for this article.