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Magazine Arbitrazhnye spory
(Arbitration Disputes)
The founder of the magazine is the Federal arbitration court of the
Northwest region (hereinafter referred to as – the FAC NWR) - the cassation instance that
reconsiders judicial acts (decisions of a court of first instance and resolutions of a
court of appeal) which are adopted by nine arbitration courts whose jurisdiction spreads
on the territory of ten regions of the Northwest region. Economic disputes that appear
between legal entities (including foreign companies), enterprises without formation of
legal entity and governmental authorities come within the jurisdiction of these courts.
Our company comes out as the publishing house and the editorial board
of the magazine, we work in close collaboration with specialists of the FAC NWR. In every
issue of the magazine (periodicity of issues – one in a quarter) we publish:
hot judicial acts – resolutions of cassation instance of the arbitration court on
most interesting cases; reviews, generalizations and analysis of judicial practice for
preparation of which the judges who settle disputes and other specialists of the court are
responsible for.
Federative system of the Russian Federation stipulates a united
judicial system on the whole territory of the country. Arbitration courts that settle
only economic disputes between subjects of business activities or other entities
(for example, between state bodies or non-profit organizations, if that dispute has an
economic nature) are the part of that judicial system. As a rule, while settling disputes,
federal legislation rules are applied more often, and legislation rules of the one of the
federation entities are applied less often. Just because of it, judicial practice, even on
the regional level, reflects the specific way of settling economic disputes that is
typical to all regions of the RF. The unitary coordinating entity, the higher judicial
instance is The Higher Arbitration Court of the RF, which instructions and interpretations
are obligatory to all arbitration courts of the RF.
An economic disputes category in the Russian law is a rather wide
concept and bears a relation to many fields of legislation: civil, commercial, financial,
customs, land and administrative legislation. If you wish to investigate peculiarities of
organization of judicial system in the RF and to understand the order of settling
disputes, - contact us and we narrate it in details and easily to understand.
Materials, which are placed on this page, are presented as
generalization and analysis of judicial practice that was prepared by judges of the FAC
NWR, who specialize in settling disputes with participation of foreign companies. Such
materials are regularly prepared by specialists of the court and published in our
magazine. For placement on our site we selected materials from separate categories of
cases connected with legal regulation of economic dealings and foreign investments.
On this page you can also find a catalogue of all the magazine’s materials, which might
be of your interest.
Besides materials, which are presented on our server, you can get an
access to other materials of arbitration practice almost in any categories of cases
(including judicial acts of concrete cases, which in fact have a character of a
precedent). Thus, in the sphere of our attention lie disputes connected with:
- legal regulation of foreign investments and protection of foreign
investors' rights.
- currency regulation and currency control.
- taxation of export and import operations, in particular, with
imposition of a value-added tax and profits tax; enforcement of liability for tax
violations.
- customs regulations of export and import; enforcement of liability
for customs violations.
- questions of Russian arbitration courts' jurisdiction regarding
foreign companies and application of collision law norms.
- bankruptcy.
- application of international contracts’ norms.
On separate request you can get review/analytical information on any of
those categories of cases and even individual judicial acts that were enacted by
proceedings in a regional arbitration court or in the Higher Arbitration Court of the RF.
A catalogue of materials that were published in the magazine in 1998-2001
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