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International Execution Against Judgment Debtors. Release 2018-2
Thomson Reuters, 2018.
This title is an excellent source of general information regarding the enforcement of judgments and arbitration awards in over 75 foreign jurisdictions.
Written by experienced local lawyers, it is an aid to understanding the standards applicable when determining whether a judgment will be recognized and enforced. Chapters devoted to each country provide detailed commentary on recent cases that illustrate:
- Current law
- Execution proceedings
- Costs
- Availability of an appeals process
- Time limitations
You'll also find coverage of procedural requirements involving the extent of damage awards, finality of judgment, reciprocity, and limitations.
Panich A., Khretinin A., Gridasov A. et al., , in : International Execution Against Judgment Debtors. Release 2018-2. : Thomson Reuters, 2018. P. 65-1-65-31.
The paper discusses issues related to enforcement of foreign judgments in Russia, i.e., i) general attitude toward recognition and enforcement of foreign judgments in Russia, ii) applicable statutes, legislation and international treaties, iii) procedural requirements in relation to finality of the award, statute of limitations, requirements as to the defendant, service of proceedings, extent of ...
Added: November 8, 2020
Filatova M., Тальцева Л. А., Вестник экономического правосудия Российской Федерации 2018 № 2 С. 162-175
This paper gives an overview of class actions in UK law and practice. The authors explain the Russian translation of the English term «class actions», the function of class actions in the UK system of collective litigation and their notable characteristics. More specifically, it looks at first two class action cases and the reasons why the claimants’ arguments ...
Added: October 26, 2018
Shevchenko I., Арбитражные споры 2017 № 4 С. 79-98
The author states that when the court considers the question on the introduction of the observation procedure (bankruptcy) it pursues the goal to exclude insolvent trading on behalf of the debtor rather than satisfies the interest of a separate creditor. It is emphasized that the court shall apoint as an arbitration administrator the candidate proposed ...
Added: January 12, 2018
Sergeev A., Tereshchenko T., The Hague : Lex Lata BV, 2016
This book is devoted to the international dispute resolution in various contexts. ...
Added: January 30, 2018
Filimonov K. V., Право и жизнь 2013 № 186(12) С. 71-89
The key point of this article is comparative analysis of the Russian and USA national laws, the provision dealing with recovery statutory damages. The two basic aims of this form of liability are:
1) to give the courts specific unambiguous directions concerning monetary awards, thus avoiding the confusion and uncertainty and, at the same time,
2) to ...
Added: March 11, 2014
Lidzhanova A., Гурченко Е. В., Арбитражные споры 2018 № 3 С. 55-62
The Supreme Court of the Russian Federation New Guidelines on Bringing to Subsidiary Liability ...
Added: September 15, 2021
Ershov O., Арбитражный и гражданский процесс 2021 № 5 С. 46-51
In the article, the author raises the problem of insufficient procedural protection of an independent creditor in case of bankruptcy of an affiliated debtor. Revealing the imperfection of the norms of bankruptcy legislation on the basis of the legal positions formed by the courts, the author comes to the conclusion that it is necessary to ...
Added: March 13, 2021
Lidzhanova A., Международные банковские операции 2018 № 3 С. 49-55
Asset Tracing & Recovery in the Foreign Jurisdictions’ ...
Added: September 15, 2021
Tay Y., Корпоративный юрист. Ежеквартальное приложение 2020 № 11 С. 77-79
Article about the latest trends in bankruptcy legislation and practice ...
Added: November 11, 2020
Klementiev A., Банковское право 2020 № 2 С. 34-44
As a rule, the main incentives to arrange a syndicated loan are to finance the current activities and further development of the borrower’s business. Howe-ver, in some cases, a syndicated loan is necessary to restructure the company’s debt, review relations with current lenders and prevent possible bankruptcy. The article discusses the use of syndicated loans’ ...
Added: March 17, 2020
Kondrateva K., Groysberg A., Perm University Herald. Juridical Sciences 2016 No. 34 P. 418-426
The article considers features of carrying out a procedure of restructuring a debt of a citizen who is not an individual entrepreneur in bankruptcy case. Purpose: to study the rehabilitation nature of the structuring procedure based on distinguishing its stages. Methods: analytical and system methods, comparative and legal, technical and legal methods are used. Results: ...
Added: January 17, 2017
Voronin E., Вестник экономического правосудия Российской Федерации 2019 № 6 (64) С. 193-208
The article focuses on the analysis of practice in the application of the institution of representations by domestic courts. The author attempts to identify what exactly courts understand by representations and regarding which circumstances parties can provide them. In determining the circle of persons with the right to judicial protection, the problem of improper interpretation ...
Added: June 7, 2019
Shevchenko I., Арбитражные споры 2019 № 4 С. 131-146
The Author differentiates lawsuit proceedings and proceedings on establishing of claims in bankruptcy cases in two dimensions: 1) the division of claims into register claims and current claims; 2) inside register claims the question of when such claims can be considered in lawsuit proceedings is analyzed. The article is aimed at systematization of existing court ...
Added: January 10, 2020
Kopina A. A., Муффато У., Финансовое право 2020 № 7 С. 18-24
The article, using the example of two countries, examines the different approaches of states in the legal regulation of value added tax in relation to operations in the course of business activities by debtors recognized as insolvent. ...
Added: December 22, 2020
Kondrateva K., Стерлягов И. А., Вестник Томского государственного университета 2021 № 462 С. 224-231
The article discusses the issue of the formation of the doctrine of “piercing the corporate veil” in various legal systems in order to determine the possibility of its application when bringing persons controlling the debtor to subsidiary liability in case of insolvency (bankruptcy) in Russia. In the study, general and specific methods of cognition were ...
Added: April 13, 2021
Tay Y., Будылин С. Л., Цивилистика 2020 № 5 С. 139-152
According to the Russian procedural law, the debtor cannot be taken away from his only home in the framework of enforcement proceedings.
"The collection of enforcement documents may not be applied to the following property belonging to a debtor citizen on the right of ownership:
premises (its part) if for the citizen debtor and members of his ...
Added: December 23, 2020
Shevchenko I., Третейский суд 2019 № 3/4 С. 209-219
The Author discourses on the correspondence between the arbitration proceedings and bankruptcy proceedings on 3 examples: 1) the bankruptcy procedure is introduced when the arbitration proceedings are not complete; 2) the bankruptcy procedure is introduced during the proceedings on issuance of a writ of execution; 3) the application to the cancelation of an arbitration decision ...
Added: February 22, 2020
Filatova M., Revue Générale de Droit International Public 2019 No. 1 P. 23-37
The article focuses on the relationships between the Russian constitutional law and international norms, especially in the context of interaction of national courts and international jurisdictions. It offers a historical analysis of the role and status of the international law in the Russian legal system. Particular attention is paid to the case-law of the Russian ...
Added: November 27, 2019
Shevchenko I., Арбитражный и гражданский процесс 2018 № 1 С. 48-52
The author substantiates that the legislator shall continue the trend to simplify the proceedings in arbitration courts in the part of resolving bankruptcy cases. It is affirmed, that creditors’ claims should be considered by the court only if objections are filed against such claims. ...
Added: March 21, 2018
Kondrateva K., Коммерческое право. Научно-практический журнал 2013 № 1 С. 102-107
The article examines the issues connected with the necessity of transaction invalidation in terms of bankruptcy. Considering the last changes to the Law on bankruptcy the author suggests criteria of classification of the invalidation grounds. ...
Added: February 12, 2015
Shevchenko I., Российский судья 2019 № 3 С. 3-8
The author grounds the thesis that satisfaction of several claims aimed at protection of a single subjective right doesn't contradict to the current legislation. If one of such judgements is fulfilled, the respondents on the other judgements can file anti-enforcement claims, which in the present situations can be realized by application of article 327 of ...
Added: August 1, 2019
Pirogova E., Gazette du Palais 2015 No. 18-20 P. 8-12
The article discusses the legal status of creditor in bankruptcy. ...
Added: February 25, 2016
Tay Y., Будылин С. Л., Вестник экономического правосудия Российской Федерации 2020 № 6 С. 4-22
Comment to the definition of the Judicial Board for economic disputes of the Supreme court of the Russian Federation dated 23.12.2019 No. 305-ES19-13326 in the considered case, the Supreme court recognized that not only persons controlling the debtor, but also their family members, including minor children, can be brought to subsidiary liability in bankruptcy under ...
Added: October 30, 2020
Fogelson Y. B., Закон 2019 № 9 С. 132-145
This article continues the cycle, which presents the results of the research into the assessment of domestic civil law and legal consciousness of national lawyers from the perspective of the functional approach to law. The first paper of the cycle considered the main theoretical results, so now these results are empirically confirmed. The empirical part ...
Added: September 21, 2019
Pirogova E., Zhukova Y., Вестник арбитражной практики 2012 № 5 С. 13-25
The subject matter of the present article is the analysis of development of legal rules laying down the controllers' subsidiary liability in case of business entity's insolvency and its inability to satisfy creditors' claims. The article covers the issues concerning the grounds of the controllers' liability, the content of the offence committed by the controllers, ...
Added: December 24, 2012