The Rights and Duties of Foreign Person in an Arbitration Procedure in the Russian Federation

Author Name(s): Damir Kh. Valeev, Marat R. Zagidullin,Ruslan, B. Sitdikov, Yaroslav N. Larionov
Author Email: rf@gmail.com

Abstract

This paper considers the rights and obligations of foreign persons in arbitration courts of the Russian Federation. General scientific and special methods of cognition of legal reality were used. The paper addresses these aspects in relation to business entities that are parties to arbitration procedural relations. It also reveals the notions of legal standing and the existing regime of granting rights to foreign elements in an arbitration proceeding. First, the general rights and duties of these persons are described, and further attention is focused on certain provisions, such as the language of the proceedings and the procedure for providing an interpreter, reimbursement of court costs and payment of state fees, representation and protection of the interests of foreigners.

The authors describe the existing situation of foreigners in arbitration proceedings and point to the need for continuous improvement of legislation with a view to mutual integration of the economic spheres of foreign states and protection of the rights of foreign entities in the arbitration proceeding.

 

Introduction

In the Russian Federation, foreign citizens, stateless persons, international and foreign organizations that carry out entrepreneurial and other economic activities, have the right to apply to arbitration courts of the Russian Federation for the protection of their violated rights and interests protected by law. These persons bear procedural duties and are entitled to equal procedural rights with Russian citizens and organizations. This principle is called “national treatment” [1].

State and departmental arbitration courts that existed before 1992, considered disputes between organizations belonging to the socialist camp, and they did not belong to the institutions that carry out justice. Arbitration courts of the Russian Federation deal with disputes arising from entrepreneurial and other economic activities that may also be carried out by foreign persons. Modern arbitration courts act as an organ of justice. On this count, Russian arbitration courts are identical with foreign ones, for example, French and English commercial courts or specialized offices for commercial matters in the general courts of England and Germany.

Foreign business entities may appear in court not only as complainant parties and respondent parties, but also be as third parties who declare and do not claim independent claims for a dispute, and also participate in insolvency cases and in establishing facts of legal significance, use the services of representatives. This follows from the extension of the national regime to foreign economic entities [2].

A separate chapter in the Arbitration Procedural Code of the Russian Federation is devoted to the peculiarities of dealing with cases involving foreign persons. At the same time, the Arbitration Procedural Code of the Russian Federation includes not so many articles consolidating such features; mainly they are contained in the Conventions, bilateral and multilateral treaties of the Russian Federation [3].

The trial of cases involving foreign persons in arbitration courts is conducted mainly in accordance with the national procedural legislation. If the rules of legal proceedings established by national legislation are contrary to the rules provided for by international treaties, agreements, the latter apply. Therefore, there is a need to analyze the rules of legal proceedings and, firstly, the peculiarities of the legal regulation of dealing with foreign elements in terms of national legislation, secondly, the application and, in general, the implementation of provisions of international and foreign procedural legislation.

Conclusion

Based on the results of the work, specific procedural features of examination of cases in an arbitration court in the Russian Federation involving a foreign element were revealed. A description was made of the procedure for considering these cases, the procedural rights and obligations of foreign persons.

In general, it can be noted that in the context of international agreements with the Russian Federation, the modern legal system of the Russian Federation and the world community constantly improve the order and specific features of arbitration cases involving foreign persons, and there is a noticeable liberalization of this process. However, we have to note that even greater work in this direction, improvement and simplification of the order of interaction with foreign courts considering economic disputes will only benefit the objective consideration of cases and the improvement of the administration of justice in arbitration courts. It is necessary to continue the initiated activities to develop and conclude international agreements, improve interaction and work of authorized state bodies. Greater and systematic implementation of modern technologies in the field of legal assistance will also have the necessary role in improving the litigation involving foreign elements. All these measures are possible only with the active interaction between judicial and executive bodies, as well as with the entire world community [12].

Acknowledgements

The work is carried out according to the Russian Government Program of Competitive Growth of Kazan Federal University.

References

  1. Valeev D.K., Baranov S.Y. The reform of the civil procedural legislation: world trends // Life Science Journal. № 11(12s). P. 728-731
  2. V. Argunov, M. R. Zagidullin, P. V. Krasheninnikov, V. V. Lisitsyn, V. M. Murshudova, R. B. Sitdikov. Commentary on the Civil Procedure Code of the Russian Federation (continued).Herald of the civil process. № 1. 2017. Pp. 97-144
  3. Arbitration proceeding: Textbook for students of law schools and faculties / T. K. Andreeva, E. A. Borisova, S. A. Ivanova et al.; edited by M. K. Treushnikov. 3rd revised and enlarged edition.Moscow: Gorodets, 2007. 672 p. // ATP ConsultantPlus.
  4. Valeev D.Kh. The influence of the ideas of Professor Gabriel Felixovich Shershenevich on modern legislation on insolvency (bankruptcy) in Russia // Studia Iuridica. vol. 57. 2013. P. 220-229 Arbitration Procedure Code of the Russian Federation dated 24.07.2002 N 95-FZ // SPS ConsultantPlus.
  5. Valeev D.Kh., Sitdikov R.B., Novikov I.A. Civil procedure in the CIS: current state and prospect of development // Journal of Economics and Economic Education Research. Volume 17. Special Issue 2. 2016. P. 310-316.
  6. Valeev D. Kh., Golubtzov V.G. Modernization of the Russian law: a review of the laws on enforcement proceedings // Life Science Journal. №11(8s). P. 234-238
  7. Arbitration proceeding: a textbook / К. М. Arslanov, D. Kh. Valeev, R. N. Gimazov and others; responsible editor D. Kh. Valeev, M. Yu. Chelyshev. Moscow: Statute, 2010. 572 p. // ATP ConsultantPlus.
  8. Convention for the Protection of Human Rights and Fundamental Freedoms.Rome, 04/11/1950.
  9. Maleshin D., Silvestri E., Sitgikov R., Valeev D. Reforming Russian Civil Procedure. Russian Law Journal. 2016; 4 (1): 142-147
  10. The Agreement of the CIS countries dated 24. 12. 1993 (edition of 10.12.2010) “On the amount of state duty and the procedure for its collection in the consideration of economic disputes between business entities of different states” // SPS ConsultantPlus.
  11. Belyaeva N.G. Features of the consideration of cases involving foreign persons in the arbitration court: a practical guide. Moscow: Norma, Infra-M, 2012. 192 pp. // ATP ConsultantPlus
  12. Arbitration proceeding: textbook / А. В. Absalyamov, I. G. Arsenov, E. A. Vinogradova and others; responsible editor V. V. Yarkov. 4 th edition, revised and enlarged.M.: Infotropic Media, 2010. 880 pp. // ATP ConsultantPlus.
  13. Valeev D., Yu H, Krsljanin N., Kazan arbitration day: The rule-of-law development and regional governance // Russian Law Journal. – 2017. – Vol. 5, Is. – P. 129-135.

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