Влияние санкций на разрешение внешнеэкономических споров: сохранение status quo или поиск альтернативных юрисдикций?
The negative impact of the economic sanctions is not limited to the sphere of substantive law; it also extends to issues related to dispute resolution. Trying to achieve a fair resolution of disputes sanctioned persons may face many obstacles literally at every stage of the proceedings, starting with problems related to payment of arbitration fees, searching for counsels and arbitrators who are often reluctant to taking corresponding sanctions risks, and ending with the stage of enforcement of a judgment or an arbitral award. Under these conditions, the conduct of court or arbitration proceedings, if theoretically possible, in practice will be associated with substantial organizational difficulties, delays in consideration of a case and significant additional costs. In this regard the authors, based on the foreign and Russian experience, analyze advantages and disadvantages of various options for resolving the disputes involving sanctioned persons, including maintaining the former procedure for resolving disputes, transferring disputes to a neutral or domestic jurisdictions, as well as the latest legislative amendments, namely provisions of the Russian Arbitrazh Procedure Code expanding the exclusive jurisdiction of Russian arbitrazh (commercial) courts which have entered into force in June 2020. Maintaining the status quo between parties to a dispute provides a high degree of legal certainty but does not take into account the potentially serious breach of sanctioned persons’ rights. While the transfer of dispute resolution to the domestic jurisdiction allows the latter to ensure the protection of their rights, but, in turn, carries the risks of violating the existing balance in relations between the parties, refusal to recognize and enforce a future judgement in foreign jurisdictions and etc. Given the impossibility to foresee in advance the extension of restrictive measures to parties of a contract and character of such measures, perhaps the optimal solution could be the so-called cascade arbitration clauses, providing for variability of actions in certain cases, in particular: 1) choice of alternative forum; 2) establishing additional requirements for the neutrality of arbitrators; 3) waiver of the parties to submit disputes to jurisdictions that cannot provide equal and impartial resolution of the dispute in new circumstances. In addition, the parties are strongly encouraged to carefully consider the choice of law provisions, including choice of law applicable to the arbitration agreement.
The paper is focused on assessing the risk factors for Russian manufacturing firms posed by sanctions imposed on Russia by the EU, US, and other countries in 2014. While there is an extensive literature assessing the successes and failures of international sanctions on the economies of both those imposing and targeted by sanctions on a macroeconomic level, we are more interested in trying to understand the corporate response – i.e. which firms evaluate the introduction and increasing scale of economic sanctions as a threat to their corporate strategy, and their possible reactions aimed at adjusting to a changing environment due to the geopolitical shock. Our research, based on a recent survey of manufacturing companies, provides evidence that over the last decade Russian manufacturing firms have become much more integrated into the global economy than is commonly assumed, through foreign direct investment, foreign trade (including imports of both technological equipment and raw materials and components), international partnerships, and by extensively supplying foreign companies that operate in Russia. Considering the self-selection effect of the top-performing firms in terms of foreign trade, we can state that sanctions could prove most harmful not only for the targeted firms, but for the entire population of better-performing and globalized firms involved in foreign trade with the EU and Ukraine. Thus, the impact of the sanctions on the prospects of the Russian manufacturing sector may be very strong over the medium-to-long term.
This article discusses issues related to the current functioning of the defense industry in conditions of sanctions. For ensuring of the defense industry’s sustainable development need to restructure the internal organization of companies. The objects of analysis selected the United Shipbuilding Corporation. On the basis of the analysis mechanisms have been proposed to change the principles of the internal organization of the activities of the USC.
A complex analysis of the social and economic consequences of China, Ukraine, and Russia’s accession to the WTO was used to identify recommendations for the most successful adaptation of Russia to WTO standards. Russia tries to adapt to the WTO standards. The study focuses on the Chinese experience. China’s membership in the WTO is extremely useful for Russia from due to China’s positive influence on the development of its economy , as there has been expansion in the industrial and production sectors of its economy and promotion of goods in world markets, as well as an opportunity to use the WTO’s legal instruments for national domestic market protection.
China’s positive experience as a WTO member somehow contrasts with the described experience of Ukraine. An assessment of Ukraine’s versatile policy and its association with the EU allowed concluded that it is impossible for Ukraine to follow two ways at once: that of Eurasian integration and that of European integration.
Recently, the aggravated trade, economic and political confrontations between Russia and its American and European partners spurred radical changes in Russia’s economic strategy. Areas of such transformations can be determined by understanding both the positive and negative experiences of Russia’s old trade partners, namely China and Ukraine as they joined the world economic environment.
The articles provides a discussion about the second-look doctrine in international arbitration and its implications in Russian law and Arbitrazh court decisions. Practice of the courts is analyzed in context of the minimalist and maximalist approaches that are used to construe the inferences of the second-look doctrine.
Russia's attitude towards the conomic sanctions is driwen by cautiosness and restraint though it is accepted that they are an important part of the international system
Economic sanctions are an important instrument of the foreign poilicy but they have some important limitations while applied.
The article deals with the problems of the current state and prospects of development in Russia in terms of economic sanctions. Highlighted the possible negative consequences of sanctions for this type of activity. The variants of overcoming the crisis and further development in the field of development of the domestic real estate market.
The article studies the possible measures to increase the sustainability of Russia’ economic development on the background of current hostilities with the West. I argue that the development of small enterprises can assist to overcome the worst consequences of sanctions—the fall in male life expectancy as the analysis demonstrated a strong relationship between the share of small and medium businesses (SMEs) in the national economy and the life expectance of males. Several suggestions on how to increase the share of SMEs in the Russian economy are proposed.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/