Search results(46)
Disputes continue regarding the application of anti-suit injunctions and force majeure due to sanctions
Russian courts continue to consider disputes related to sanctions restrictions imposed by foreign states. In March 2024, further rulings were adopted which developed the existing practice of applying the provisions of article 248.1 of the Arbitrazh Procedure Code of the Russian Federation (exclusive jurisdiction of Russian courts), article 248.2 of the Arbitrazh Procedure Code of the Russian Federation (anti-suit injunction) and article 401 of the Civil Code of the Russian Federation (force majeure) in connection with the imposition of sanctions. Read further in our legal update.
Court rules in favour of importer on the inclusion of royalties in the customs value of imported goods
In late 2022, the Supreme Court of the Russian Federation set aside two court rulings in favour of importers regarding the inclusion of licence fees (royalties) in the customs value of imported goods.
In the course of the retrial of the cases, the lower courts ruled in favour of the customs authority and upheld the decisions that royalties shall be included in the customs value. Such approach has become commonly applied to other cases. However, despite the negative practice for importers, in a number of cases participants of foreign economic activity have been able to defend the position that royalties should not be included in the customs value of imported goods. Read further in our legal update.
New review of the Russian Supreme Court on corporate disputes on the provision of information by companies
The Presidium of the Supreme Court of the Russian Federation approved the Summary of Judicial Practice on Corporate Disputes on the Provision of Information by Companies. In general, the Review reflects the positions previously set out in the clarifications of the Higher Arbitrazh Court of the Russian Federation. However, it also considers the issue of providing information to persons controlling companies, touches upon the criteria of good faith of participants/shareholders when requesting documents and information from a company, and assesses the provisions of confidentiality agreements.
Russian court holds sanctions clause to be valid and enforceable
The Moscow District Arbitrazh Court upheld the position of the lower courts in relation to the validity and enforceability of the sanctions clause. Read further in our legal update on the relevance of the case and the court’s findings.
Resolution No. 46-P of the Constitutional Court of the Russian Federation
On 3 October 2023, the Constitutional Court of the Russian Federation passed resolution No. 46-P regarding the constitutionality of article 131(1) of the Russian Civil Code and article 14(2)(5) of the Federal Law “On the Public Registration of Real Property” in connection with a complaint brought by Ms T. V. Solodovnikova. The importance of this judicial resolution is such that it is only the second time that the Russian Constitutional Court has decided to address the issues of private arbitration. Read further in our legal update.