CONFLICT RULES AND PROBLEMS OF THEIR APPLICATION

Part 1

Exercise

Find examples by types of conflict rules in domestic regulations and international treaties

In domestic regulations and international treaties, find examples by attachment formulas

Task 1

A citizen of the Russian Federation, Petrov is registered as an entrepreneur in Kazakhstan, carries out entrepreneurial activities in Belarus and permanently resides in Ukraine. Acts as a seller under a sales contract with a German company. The goods are sent to Germany from a warehouse located in Poland. A Russian court is considering a dispute between Petrov and a German firm.

The law of which state should apply the court to regulate the contract of sale?

Task 2

Citizen of the Russian Federation Petrov, being on the territory of a foreign state, concluded a contract for the sale of a land plot. After the conclusion of the transaction, it turned out that in the relevant foreign state, the land plots were withdrawn from circulation and are wholly owned by the state.

Is Petrov entitled to refer to Art. 1196 of the Civil Code of the Russian Federation and proceed from the fact that its legal capacity and, accordingly, the scope of rights are determined by the legislation of the Russian Federation, according to which land can be owned by private individuals on the right of ownership?

Task 3

The parties to the international sale contract subordinated the contract to Russian law, but wrote that the limitation period is determined by British law and is six years. In another case, the parties to the contract recorded that the limitation period was 16 years. In the third situation, the parties ruled out the application of the statute of limitations to their contract, about which they made an appropriate entry in the contract.

Are these provisions of the contracts valid from the point of view of the conflict of laws and substantive rules of the Russian PIL?

Task 4

Investment company A studio decided to create an LLC in Russia together with a French citizen Mrs. George du Roy. To do this, they concluded a memorandum of association and approved the Charter of the Society. To minimize its risks, the section “reorganization and liquidation” of a legal entity”, as well as the section “status of the General Director of the Company”, was subject to English law.

Are these sections of the Bylaws valid? Compare them with the provisions of the Civil Code of the Russian Federation.

Task 5

The parents of a minor citizen A, who has two citizenships (of the Russian Federation and the state of N.), applied to the court. They contested the refusal of the cinema administration to admit their child on the grounds that he was a minor. The parents operated on the fact that, according to the laws of the state of N., the child is already an adult (he is already 16 years old).

What decision should the court make? What if the child is stateless?

Task 6

Ukrainian Entrepreneur bought 20 identical evening dresses in Russia. They turned out to be married. When applying to the court, he indicated that he bought dresses for bridesmaids for his daughter’s wedding. Determine applicable law.

Task 7

Under Japanese law, a person becomes an adult at the age of 20. A 19-year-old Japanese citizen bought an apartment in Moscow at an inflated price. Can his parents invalidate the deal? And if the family has been living in Vladivostok for 15 years?

Part 2

Exercise

Find an example in jurisprudence on the choice of applicable law based on the agreement of the parties

Find an example in the jurisprudence of refusal to apply foreign law on the basis of a contradiction to public policy

Task 1.

In their agreement, the parties established that the law of the defendant would apply to their relationship in the event of a dispute.

Can an agreement on the choice of law be considered concluded in this case? What law should the court be guided by if a counterclaim is filed? Are there grounds for recognizing such an agreement as not concluded or invalid?

Task 2

The contract concluded by the parties did not contain a clause on applicable law. In the statement of claim, the plaintiff referred to the provisions of the Civil Code of the Russian Federation, that is, he proceeded from the application of Russian civil law to the contract. In his objections to the claim, the defendant did not speak about the applicable law, although he referred to the groundlessness of the application of a specific norm of the Civil Code of the Russian Federation. The International Commercial Arbitration Court determined that Russian civil law is applicable, the consent of the parties to the application of which follows from their references to the norms of the Civil Code of the Russian Federation.

Do you agree with the position of international commercial arbitration? Is it possible to speak about the existence of an agreement on the choice of applicable law in this case? Can the references of the parties in the statement of claim and in the response to the claim be considered as an agreement on the choice of applicable law concluded through the exchange of documents? What should the court do if, for example, in the contract the parties have already chosen the law of France, but in the procedural documents they refer to Russian law?

Task 3.

To resolve the issue of applicable law, the Russian court was faced with the need to determine what is meant by real estate in Spain, since a Spanish citizen who permanently resides in Russia died and left property located on the territory of different states. In particular, the disputed estate included: a yacht, a light helicopter, a large chemical plant and the railway tracks suitable for it.

Explain how the court should determine the content of legal concepts?

What can he be guided by in order to understand what the category “real estate” includes?

How does the Russian legislator understand the term “real estate”? What differences in its semantic content can be found in foreign legislation?

Evaluate the property options given in the case from the point of view of their attribution to real estate.

Task 4.

The Russian company entered into an agreement with a Korean firm, by virtue of which it had to sell carnival New Year costumes to Koreans on a full prepayment basis within six months. Since the seller did not have the costumes at the time of the conclusion of the contract, the Russian side had in mind the contract for the sale of the future item, that is, it considered itself obliged to purchase the costumes from a third party and sell them to a Korean company.

The Korean company, having discovered a defect in the suits transferred to it, sent a claim, where it demanded to eliminate the shortcomings and compensate for the losses. The seller, in response to the claim, recommended contacting the costume manufacturer directly. It turned out that the Korean company considered the concluded contract as a contract, believing that the Russian company would personally manufacture costumes according to the list agreed with the customer and personally eliminate the shortcomings of the outfits.

If the dispute is referred to a Russian court, how will the concepts of a contract of sale and a work contract be interpreted, and the differences between them determined at the stage of choosing a conflict rule by the court?

The rules of law of which state are to be applied to the disputed case?

Is it permissible to interpret concepts in the scope of the conflict of laws rule under the law of the country of the court, and subsequently apply foreign substantive law?

Should the rules for interpreting concepts in a conflict rule change if such a concept is not at all known to the law of the country of the court?

Task 5

In their contract of sale, the Russian organization (seller) and the Finnish company (buyer) wrote that to regulate all issues that were not resolved in the contract, the provisions of the 1964 Hague Convention on the International Sale of Goods, as well as developed by the International Trade Chamber (ICC) Model International Sale Contract (ICC Publication No. 556).

Can such contractual provisions be regarded as a proper choice of law? What rules should the Russian court apply to resolve issues that are not reflected in the contract?

Task 6

A Russian citizen who worked under a contract in Italy died suddenly in a hospital.

He purchased real estate in Russia – an apartment, a garage, as well as property in Italy – money in an account in an Italian bank.

His adult daughter and son applied to the court for recognition of their acceptance of the inheritance.

Referring to the Russian legislation, the judge applying Article. 1224 of the Civil Code of the Russian Federation, concluded that since the testator had a permanent residence in Italy at the time of death, Italian law should be applied.

Art. 46 of the law on the reform of the Italian system of private international law of May 31, 1995, contains the following conflict of laws rule: “the law of the state of which the testator was a citizen at the time of his death is subject to inheritance”. Since the deceased was a citizen of the Russian Federation, Russian inheritance law was subject to application to inheritance relations.

What is the name of the problem in private international law?

How to get out of this situation?

Comment on the norm of Russian law that allows solving this problem.

Task 7

The Arbitration Court of the Voronezh Region received a claim from a citizen of Ukraine Kuleshova to invalidate several transactions of Abris JSC, registered in Russia and located in Voronezh.

As a basis for invalidating the transaction, the plaintiff noted that she owns 49% of ordinary shares, all of these transactions are major for this joint-stock company and require approval by the general meeting of shareholders. Meetings on these issues were not held, the Company did not notify her of convening such meetings, while all the minutes contain the results of a unanimous vote on the issue of approving the disputed transactions as major ones. She believes that all these transactions are contrary to the law and violate her rights as a shareholder.

To confirm her authority, Kuleshova submitted an extract from the register of shareholders, where her husband was listed as a shareholder, who is now paralyzed and cannot take part in the trial, as well as a marriage certificate concluded in Donetsk (Ukraine). Kuleshova believes that all property acquired during the marriage is joint, therefore she is the same shareholder as her husband, who is listed in the register of shareholders.

How will this dispute be resolved in our court? The law of which state will apply the Russian court to resolve this dispute? Is it possible to apply the legal systems of several states simultaneously to a disputed case?

How can a judge obtain the norms of Ukrainian legislation? What are the official and unofficial ways of obtaining information about foreign law?

Task 8

The German arbitration tribunal recovered a significant amount of debt from the Russian shipbuilding plant in favor of the French company. The French company applied to the Russian State Arbitration Court with a request to recognize and cite the decision of the German Arbitration Tribunal. The court rejected this application. The court proceeded from the fact that the execution of the decision of the German arbitration tribunal in relation to the plant, which is a strategic enterprise with a special right of management by the state, could cause the plant to go bankrupt and cause damage to the sovereignty and security of the state, and therefore contrary to the public policy of the Russian Federation. Question: Is the decision of the Russian state arbitration court lawful?

Task 9

The plaintiff submitted to the State Arbitration Court, as evidence of the content of English law, photocopied pages from a scientific monograph by an English author with their notarized translation into Russian. Task: If you were a judge in such a case, would you accept such evidence?

Task 10

The plaintiff submitted to the State Arbitration Court, as evidence of the content of French law, the conclusion of the Russian Doctor of Law. The defendant stated that this Doctor of Law. does not know French, which is why his opinion cannot be accepted by the court. The plaintiff and the said Doctor of Law confirmed that such a Doctor of Law he does not have a state diploma confirming his knowledge of French, but that he studied French on his own and reads it fluently. Task: If you were a judge in such a case, would you accept such a conclusion as evidence?

Task 11

A Russian legal entity applied to the ICAC with a request to a Japanese company to pay for the goods delivered under the contract. The defendant filed a counterclaim to invalidate the contract, t.to. it was entered into by a representative of a Japanese company under an invalid power of attorney. Question: First of all, the arbitrators should determine the law applicable to the power of attorney or to the contract? How will the relevant right be determined?

Subject

SUBJECTS IN PIL

Exercise

Find examples in regulations

– consolidation of various legal regimes,

– appeals to “reciprocity”

Applications of retortions

INDIVIDUALS AS SUBJECTS OF PIL

Task1

A private notary public issued a decision to refuse to issue an Estonian citizen a certificate of the right to inherit the property of her mother – an apartment in Moscow due to the fact that only her surname and name are indicated in the death certificate issued in Estonia at the place of death of the testator, but the patronymic is not indicated, in connection with which it is not possible to establish that the owner of the apartment and the deceased are the same person. Evaluate the actions of the notary.

Task2

Zh. Kostychek, a citizen of the Czech Republic, married to a citizen of the Russian Federation K. Ivanov, who works as a secretary of the Russian Embassy in the Czech Republic, turned to the Internal Affairs Directorate of the Yaroslavl Region and asked for a temporary residence permit. Due to the fact that in accordance with the Decree of the Government of the Russian Federation of November 1, 2002 “On quotas for issuing permits for temporary residence in the Russian Federation to foreign citizens and stateless persons for 2003 in the constituent entities of the Russian Federation”, the Yaroslavl region did not receive any one permit, Ms. Kostychek was denied a permit. Ms. J. Kostychek appealed against the refusal to issue a temporary residence permit in court, arguing that a temporary residence permit should be issued to her without taking into account quotas, since she is a teacher of a foreign language and has entered into an employment contract with the university to work as an assistant professor department of foreign languages.

What decision should the court make?

Task3

Eighteen-year-old citizen of Argentina P. filed a claim with the Central District Court of Voronezh to recover from Russian citizen T. a debt under a loan agreement in the amount of 180,000 rubles and interest for the use of other people’s funds for late payments in the amount of 11,000 rubles.

The court accepted the claim for proceedings.

At the preliminary hearing, the defendant stated that P. had no right to apply to a Russian court, since, under Argentine law, he had not yet reached the age of full legal capacity (21 years). For the same reason, T. considers the loan agreement invalid, as concluded with an incapacitated person, and, therefore, the plaintiff has no reason to recover anything from him.

Recently, T. became aware that P., as a foreign citizen, had expired his temporary residence permit in Russia, he is now illegally in the territory of the Russian Federation, and is subject to deportation.

T. believes that the court should terminate the proceedings, as well as issue a private ruling and send it to the Federal Migration Service, in connection with the discovered violation of the regime for the stay of a foreign citizen on the territory of the Russian Federation.

What should the court do in this case?

How is the legal capacity of foreign citizens determined?

What is called the personal law of a foreign citizen?

Does a violation by a foreign citizen of the rules of stay in the Russian Federation affect his procedural rights?

Task4

Mongolian citizen M has two children from Russian citizen A, from whom he is divorced. By the decision of the Russian court, M is obliged to pay alimony. M regularly paid alimony. The OVIR officers denied M permission to leave, citing the fact that he had unfulfilled obligations to a citizen of the Russian Federation, the fulfillment of which would be difficult on the territory of a foreign state. The representative of M appealed against the actions of the OVIR employees, arguing that the Russian Federation and Mongolia have an agreement on legal assistance, according to which it is possible to enforce the decision of a domestic court on the territory of a foreign state.

What decision should be made by the court considering the complaint? Will the court’s decision change if M. wants to leave for a state with which a legal assistance agreement has not been concluded?

Task5

The German court considered the issue of the right to the name of a woman – a Chilean citizen with political refugee status in Germany, who was married to a Spanish citizen. In accordance with German law, the personal statute of a woman is German law, which at that time fixed the rule on the loss of a woman’s maiden name in the event of marriage. Under Chilean and Spanish law, a woman retains her name upon marriage.

The law of which state should subordinate the court to the question of the right to a name?

Task6

A US citizen filed a lawsuit against the registration authority in the Arbitration Court of the Russian Federation to invalidate his registration as an entrepreneur in terms of establishing the period of entrepreneurial activity, as well as the obligation of the defendant to register the entrepreneur in accordance with the period specified in his application – indefinitely. The Court of First Instance granted this claim. In the cassation appeal, the registration authority asked to cancel the decision, believing that the plaintiff, who is a foreign citizen, can be registered as an entrepreneur only within the period specified in the visa.

What decision should be made by the cassation instance? Specify relevant legal regulations.

Task7

Sara Shtrum, having citizenship of Israel and the USA, organized the production of kosher products in Birobidzhan (Russia). She purchased several shops, a cattle breeding farm and a poultry farm, opened a workshop for the production of semi-finished products and ready-made food products under the Kosher brand.

The bodies of the Federal Tax Service of the Russian Federation, after checking the activities of Mrs. Shtrum, issued her an order to stop illegal entrepreneurial activities and a decision to impose a fine, since she was not registered as an individual entrepreneur, but carried out systematic, profit-oriented activities.

Ms. Shtrum’s lawyer challenged the acts of the Federal Tax Service in court, arguing that, in accordance with the Civil Code of the Russian Federation, the right of a foreign citizen to engage in entrepreneurial activity is determined by the law of the country where such activity is mainly carried out. His trustee mainly conducts her business in Israel, and in Russia she has only a tenth of it. Therefore, the requirements of Russian law on the need for state registration as an individual entrepreneur do not apply to Mrs. Shtrum.

Who is right in this case?

Are the requirements of the tax service justified?

The law of which state should be applied in this case? Are the rules for calculating and collecting taxes from a foreign natural person and (or) an individual entrepreneur determined by the same law?

Task 8

The married couple, citizens of Lithuania, transited through the territory of Russia. At the Domodedovo airport, the wife felt labor pains, was hospitalized in one of the maternity hospitals in Moscow, where she gave birth to a girl. The couple applied to the territorial registry office of Moscow with a request to register the birth of the child and give the girl a surname different from the surname of the spouses. Surname of the father Butkus, mother of the child Butke. The wife’s daughters asked to give the surname Butkutė, as these are the rules for giving surnames to female children in Lithuania.

The registry office explained to the spouses that they must agree on giving the child the surname of the father or mother, otherwise registration will be denied, since Russian law, if the surnames of the parents are different, requires the child to choose one of them, but not the third option.

According to the norms of which state is the procedure for registering the birth of a child in this case?

What country’s law determines a child’s surname?

Will the decision change if the father of the child, being an ethnic Lithuanian, is a citizen of the Russian Federation?

Task 9

15-year-old Natalya Vlasova, who lives in the Belgorod region, was left without parental care as a result of the death of her mother. The mother’s sister, Count Wilhelm, who is married to a German citizen, lives in Germany and is a citizen of this state, expressed her readiness to bring up the girl in the form of establishing guardianship over her.

When applying to the guardianship and guardianship authority at the place of residence of the child, a number of questions arose related to the application of the rules on guardianship and guardianship. In particular, under the legislation of the Russian Federation, guardianship is established for a minor citizen aged 14 to 18, while under the German Civil Code, a guardian is appointed for minors left without parental care.

The norms of which of the named states on the form of raising a child should be applied to this situation?

What legislation will determine the requirements for the candidacy of a guardian (custodian), as well as further relations between a German citizen and her ward, if a decision is made to establish an appropriate form of education?

Task 10

Russian citizen Sokolova is married to Belarusian citizen Ivanko. Due to the fact that Ivanko was addicted to gambling, did not bring income to the family, the wife achieved the restriction of his legal capacity in court in accordance with the rules of Art. 30 of the Civil Code of the Russian Federation and was appointed trustee of her husband.

Since the latter, living in Russia, periodically travels to the territory of Belarus due to the nature of his labor functions, Sokolova had a question about whether, under the legislation of this state, her husband would be considered as a person with limited legal capacity, since the norms of the Civil Code of Belarus do not consider predilection for gambling as a ground for incapacitation.

Sokolova is afraid that he will make transactions with funds on the territory of this state without her consent as a trustee as a person with full legal capacity. For clarification, Sokolova turned to a lawyer.

Give advice on the issue.

Task 11

A British citizen, 19 years old, residing in England, as well as an Italian citizen, 18 years old, residing in France, entered into an agreement in Russia for the sale of an apartment located in Moscow and inherited by a British citizen. Then the seller demanded in a Russian court that the contract be declared invalid as a transaction concluded under the influence of a delusion, and also due to the failure of the parties to achieve its legal capacity. At the same time, according to English law, legal capacity for such transactions occurs at the age of 21, according to Italian – at 19, and according to French – at 18. Questions: Is the claim eligible?

LEGAL ENTITIES IN PRIVATE INTERNATIONAL LAW

Task1

A Russian organization (seller) and an Irish company (buyer) concluded an international sale and purchase agreement, according to which the delivery of goods was to be carried out in equal batches within six months, and payment by simple bank transfer – within ten days from the date of delivery of the next batch of goods. Having paid for two consignments of goods, the Irish firm refused to pay for the third consignment actually delivered. The seller, in accordance with the arbitration clause, applied to international commercial arbitration on the territory of the Russian Federation. At the arbitration hearing, the defendant (Irish company) stated that there were no contractual relations between the parties, since an unauthorized person acted on the part of the Irish company when signing the contract: the power of attorney to conclude the contract on behalf of the Irish company was signed by one commercial director, while according to the charter of the Irish legal entity signatures of two commercial directors are required.

Determine the applicable law and decide on the validity of the contract.

Task2

The Heilongjiang Import and Export Company applied to the Arbitration Court of the Khabarovsk Territory with two claims against the open joint-stock company Khabarovsk Feed Mill for the recovery of a debt to pay for the supplied corn grain. One claim was satisfied by the decision of the court, the other – partially.

By the decision of the Presidium of the Supreme Arbitration Court of the Russian Federation of March 13, 2002, the protest was satisfied, since the decisions were taken without a comprehensive study of all the circumstances. The rulings indicated that the court had not established the status of the foreign person who filed the claim. The Regulation on the Procedure for Registration of Companies of the PRC (Decree of the State Council of the PRC of June 24, 1994 No. 156) provides for the filing of a patent for the right to conduct business. Statements of claim to the arbitration court in each of these cases were filed by the company. Meanwhile, from the photocopy of the document submitted to the court, it follows that its Heilongjiang branch filed a lawsuit. However, according to Art. 39 of the above Regulation, the branch of the company does not have the status of a legal entity. In the case, as noted in the decisions of the Presidium of the Supreme Arbitration Court of the Russian Federation, there is no company charter, Regulations on the branch, other documents that allow determining the scope of rights granted to the branch and the person who signed the statements of claim.

The law of which country determines the legal capacity of foreign legal entities in accordance with the provisions of Russian legislation? What legislation of the Russian Federation provides for this?

Task3

When resolving a dispute between a Russian organization (the plaintiff) and a Cypriot company in the ICAC, the defendant indicated that the issue of legal capacity should be resolved on the basis of English law, which, in his opinion, governs contractual relations by virtue of an agreement between the parties. Evaluate the defendant’s legal argument.

How should the arbitral tribunal proceed when resolving the issue of the powers of the governing bodies of legal entities?

Task 4

Several Russian and foreign persons who have reached an agreement on the implementation of a major project on the territory of the Russian Federation, for the purposes of joint management of the project assets, have created a legal entity – a joint-stock company, in accordance with Russian law.

The charter of the company was approved at the general meeting of the founders, held in the city of Stockholm (Sweden). At the same meeting, a shareholder agreement was concluded between the founders of the company, providing for the obligation of persons to vote in a certain way at general meetings, changing the procedure for distributing profits and forming the management bodies of the company, established by Russian joint-stock legislation. The founders have agreed that the law applicable to the terms of the shareholder agreement will be English law, and possible disputes related to the terms of the agreement will be resolved in London International Arbitration (UK).

Subsequently, the company made an additional issue of shares.

A number of shareholders (both Russian and foreign) who bought these shares challenged in court some of the terms of the agreement as being contrary to the provisions of Russian law. Defendants, objecting to the claim, pointed out that the disputed provisions do not contradict English law that applies to the agreement, and the Russian state court is not competent to consider the dispute, since the terms of the agreement determine the jurisdiction of international arbitration.

Evaluate the arguments of the parties. Does Russian law allow the choice of applicable law to shareholder agreements? Does this choice affect shareholders who are not a party to the agreement?

Does the nationality of shareholders, as well as the place of conclusion of the agreement, matter in answering these questions?

What law will apply to the shareholder agreement if the parties do not choose it?

Task 5

An English bank, which is a subsidiary of a Russian bank, issued a loan to a Russian LLC. The principal decision to issue a loan was taken by a Russian bank, which, moreover, provided the English bank with its funds for issuing such a loan. After the conclusion of the loan agreement, all the funds received under it by the LLC were transferred by them to legal entities established in offshore jurisdictions. The loan was not returned. The English bank filed a lawsuit against LLC for the recovery of the loan amount in the Russian state arbitration court and its requirements were satisfied. During the execution of the court decision, the bank was faced with the fact that the LLC had no property. It was also found out that the Russian LLC and legal entities in offshore jurisdictions are controlled by a citizen of the Russian Federation N.D., who acted on behalf of the LLC in London, where negotiations were underway for obtaining a loan, and who, in the opinion of both banks, misled employees of the Russian bank regarding the assets of the LLC. At the same time, N.D. is not an employee of LLC and legal entities in offshore jurisdictions, but only has a total of 80% of the shares in the authorized capital of such foreign entities. The bank decided to recover from N.D. losses associated with non-repayment of the loan.

Questions: If an English bank turned to you for advice, what PIL issues that arise in connection with the decision of this bank to recover losses caused to the Bank from N.D., you would indicate (in terms of issues of conflicts of jurisdictions and conflicts laws)? Which court is better for a bank to apply to: Russian or English? Why? With what requirement in the light of conflict problems is it better for a bank to go to court?

Task6

An agreement was concluded between a Russian joint-stock company and a Dutch company for the sale of its 20% stake in an Italian limited liability company. Since the joint-stock company paid only 10% of the shares, the company demanded further payment, and, having not received it, applied to arbitration in Switzerland. JSC asked the arbitration to declare the contract null and void under Art. 168 of the Civil Code of the Russian Federation, referring to the fact that it was concluded without the approval of the general meeting, which was necessary for the acquisition of participation in a foreign company in accordance with the JSC Charter, corresponding to the model charter approved by Decree of the President of the Russian Federation No. 721 for privatized state enterprises. The AO also asked for a refund of the amounts paid. The firm argued that the law of Italy, where the LLC itself is located, should be followed, and that the contract itself was signed by the general director of the joint-stock company without indicating the need for any subsequent approval. Even if Russian law were applied, then the contract should be recognized as valid, since the company did not know about the statutory restrictions referred to by the joint-stock company (Article 174 of the Civil Code of the Russian Federation).

Question: Is the claim eligible? Why?

THE STATE AS A PIL SUBJECT

Exercise

Carry out a comparative analysis of the current norms of the Code of Civil Procedure of the Russian Federation and the Arbitration Procedure Code of the Russian Federation on the immunity of a foreign state, the Federal Law of 03.11.2015 N 297-FZ “On jurisdictional immunities of a foreign state and property of a foreign state in the Russian Federation”

find differences in approaches, evaluate the legal consequences, explain why the legislator proceeded from such models in civil and arbitration processes.

Task1

A Turkish construction company has concluded an agreement with the Russian Federation on the performance of repair and construction work in the building and on the territory of the Russian Embassy in Turkey. The contractor completed the work on time and properly, but the Russian state did not pay for the work.

A Turkish company filed a lawsuit against the Russian Federation in a Turkish court for the recovery of debt under a construction contract. The representative of the Russian embassy in Turkey, having appeared at the court session, acknowledged the debt, but, referring to the current lack of budget funding in the proper amount, proposed to conclude an amicable agreement with the condition of deferred payment.

What model of jurisdictional immunity does the court in Turkey come from?

Is it possible in this situation to conclude that Russia has waived immunity? Does this mean waiving all kinds of legal immunity or only immunity against action?

Task2

An Austrian industrial company filed a lawsuit against the Russian Federation with an arbitration court in Russia. The basis for the claim was the unfulfilled obligations by Russia, represented by the Ministry of Agriculture, to pay for the delivered agricultural equipment. At the same time, the plaintiff referred to the refusal of the Russian Federation from all types of judicial immunity stipulated in the contract and asked to seize the building belonging to the ministry in a building in the center of Moscow.

In the official statement of the Government of the Russian Federation submitted to the court, it was stated that Russia did not waive immunity, that the condition of the contract on such a waiver was void, since it was impossible to waive for the future. Moreover, the Russian Federation categorically objects to the seizure of the building of the ministry, since this property does not fully belong to the state, but was transferred on an independent property right (the right of operational management) to a state institution.

How is the norm of the Arbitration Procedure Code of the Russian Federation on the immunity of a foreign state understood in Russia?

Does this rule apply to the Russian Federation if the case is considered in a Russian arbitration court?

Assess the objections of the Russian Federation in terms of their compliance with the idea of judicial immunity

Task3

A supply agreement was concluded between the state unitary enterprise Soyuzinvest and a French company selling high-strength plastic structures, which both parties fulfilled only in part. In connection with the mutual claims that arose, negotiations were held, but they did not remove all the differences.

The contract contained an arbitration clause, by virtue of which the Stockholm International Arbitration was competent to consider the dispute. By virtue of the decision taken by the arbitration, the Russian unitary enterprise had to pay a significant amount in foreign currency. The French side applied for enforcement of the arbitration award to a court in France and demanded to seize the property of the unitary enterprise located at the investment exhibition in Paris.

Representatives of the unitary enterprise sent their objections to the satisfaction of the application for arrest, in which they noted that all the property of the enterprise belongs to it on the basis of the right of economic management, and the real owner is the Russian Federation, which has property immunity in the territory of other states.

Are references to the immunity of state property possible in this case?

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