Private international law / cross-border dispute
Private international law and Russian contracts
A cross-border transaction raises two separate questions: which law governs and which forum has jurisdiction. Governing-law clauses, jurisdiction or arbitration clauses, the CISG and relevant treaties need to be analysed before they become procedural problems.
I work on foreign-trade transactions and disputes through the rules on applicable law and jurisdiction. Relevant sources may include Part VI of the Russian Civil Code, Russian treaties, the CISG and, where it is legally relevant to the transaction, foreign conflict-of-laws rules such as Rome I. Recognition and enforcement in Russia of foreign court judgments and arbitral awards follow separate procedural regimes; Chapter 31 of the Russian Commercial Procedure Code governs specified foreign judgments and awards.
Initial assessment
When assistance may be needed and what the work can cover
IndicatorsSigns that the issue is already active
- the counterparty is non-Russian and a dispute is pending or imminent, but the governing law is unclear
- the contract has no arbitration clause or names a forum that is now unavailable or impractical
- recognition or enforcement in Russia of a foreign judgment or international arbitral award is in issue
- the transaction may fall within the CISG and its application or exclusion has not been analysed
Work that may be requiredSteps that affect the position
- analysis of applicable law under Part VI of the Russian Civil Code, relevant treaties and any foreign conflict-of-laws rules that actually apply
- review of arbitration and jurisdiction clauses, including validity, scope and practical enforceability
- analysis of CISG and treaty issues relevant to the tax, customs or contractual structure of the transaction
- procedural work on recognition, enforcement or challenge of foreign judgments or arbitral awards in Russia
Tools
What may be used to defend the position
Contract wording
designed for the transaction and the forum, not merely for appearance
Position
capable of supporting the position against jurisdiction and governing-law objections
Need a position on the case?
Describe the matter on Telegram: the document received, its date, the amount at risk and what has already been sent to the other party or authority.
Initial contact
Describe the situation — I will start with the document and deadline
Describe what you received, the date, the amount at risk and what has already been submitted. The first practical step will be clear after review.
Materials on this issue