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This article is dedicated to one of the most interesting aspects of International Procedural Law – litigation with the participation of foreign persons. Authors focused on a comparative analysis of Russian and Armenian legislation concerning the regulation of international procedural relations. Article includes two paragraphs: the first one considers international jurisdiction of Russian arbitrazh courts and Armenian courts of general jurisdiction on commercial matters; the second one examines the recognition and enforcement of foreign judgments in commercial matters on the territory of Russia and Armenia. Authors deeply scrutinized a wide range of legal documents including domestic legislation and multilateral international treaties of regional character in order to show the convergences and divergences in Russian and Armenian procedural law concerning participation of foreign persons in international commercial litigation.
The article analyzes the problems raised from the use of foreign civil procedure norms in the settlement of disputes in the international civil process. The trend towards the application of foreign civil procedural rules has emerged in judicial practice relatively recently, but the reference to foreign procedural law is now enshrined in most national and international legal instruments on private international law and on international civil procedure. This gives rise to the problem of distinguishing a special category of conflict of laws — procedural conflict of laws rules, the problem of determining their concept and structure (including rules on the resolution of conflict of jurisdiction). Процессуальное право 85 The aim of the study is to illustrate that there is a special category of rules in international private law and international civil procedure which prescribes the application of foreign civil procedure law, i.e. procedural conflict-of-laws rules. The task of the study is to show that the using of procedural law of the court’s country in the current international civil process is advisable to position not as a procedural imperative, but as a general conflict – of-laws binding. The relevant norms of national laws and international legal acts, examples from judicial practice are considered to solve mentioned tasks. The author gives a brief overview of doctrinal views on the problem raised in the article. Main research methods are: comparative law, comparative and retrospective analysis. Currently, the application of foreign civil procedure rules is a daily reality, and therefore it is possible to assert the existence of a special legal category “procedural conflict-of-laws rules”. The law of the court’s country in the international civil process should be approved not as a procedural imperative, but as a conflict-of-laws principle, as a general conflict-of-laws binding. Also the author proposes to define the conflict-of-laws rules as a procedural conflict-of-laws rules. Keywords: international private law, international civil process, procedural conflict-of-laws rules, foreign civil procedure rules, procedural conflict-of-laws question, conflict of jurisdiction.
The article is devoted to the research of a new regulation in Private International Law and International Civil Procedure in Argentina which was introduced in the process of recodification of private law. In 2014 a new Civil and Commercial Code of Argentina was adopted in which the Title “Provisions on Private International Law” (articles 2594-2671) establishes choice-of-law (conflict) rules and jurisdictional rules. For the purpose of codification of Private International Law and International Civil Procedure the Argentinean legislator chose intra-branch complex form of codification which is traditional for that country. In the article much attention is paid to the analysis of procedural aspects of legislation adopted. The new regulation is internationally oriented and broadens of judicial discretion in order to take into account the concrete circumstances of a case, the majority of International Civil Procedure rules is directed for the protection of access to the efficient justice. Unfortunately, the Argentinean legislator refused to apply the autonomous complex form of codification of Private International Law and International Civil Procedure, so the new regulation became incomplete, particularly the rules of recognition and enforcement of foreign judgments were not included. Despite the range of shortcomings, the new Private International Law and International Civil Procedure of Argentina have serious advantages: a) closed list of foundations of exclusive jurisdiction of local courts is established; b) recognition of parties’ autonomy of will in choice of court is introduced; c) principle of controlled plurality of proceedings is formulated.
The textbook in accordance with state educational standards sets out the main provisions of an in-depth course on Private International Law. Volume 1 deals with the General part of Private International Law theory - the concept, object, system, method, sources. Volume 2 examines specific branches of private international law - the law of persons, international property law, international contract law, private international transport law, private international currency law, international intellectual property law, international tort law, international inheritance law, international family law. Volume 3 highlighted procedural and substantive procedural industry in the system of private international law: international civil procedure, international commercial arbitration, cross-border insolvency (an international bankruptcy law) and international notarial law. All theoretical constructs are illustrated with examples from judicial practice, legal norms and international legal instruments. Analysis of Russian legislation takes into account all the innovations made in the relevant legal acts. For bachelors, undergraduates, graduate students and professors of universities and law faculties of universities and other educational institutions, specializing in international business; economists and legal practitioners.