Russia may refuse to execute the decision of the foreign court in disputes involving Russian and foreign entities, when considering a rule has been broken the exclusive competence of arbitration courts of Russia, according to a draft of Plenum of the Supreme court about the specifics of consideration of economic cases, complicated by an international element.
“The court of arbitration determines whether a dispute within the exclusive competence of arbitration courts of the Russian Federation. The violation of the exclusive competence of arbitration courts of the Russian Federation is the basis for the refusal of recognition and enforcement of foreign judicial decisions (paragraph 3 of part 1 of article 244 APC RF)”, — the document says.
Sun recalls that the exclusive competence of arbitration courts for economic disputes, complicated by a foreign element international, include cases against state-owned Russian property, including state property privatization or expropriation of property for public use. Also in this category are disputes about immovable property on the territory of the Russian Federation and the right to it. The exclusive competence of Russian arbitration courts are cases of registration or issuance of patents, certificates for trademarks, industrial designs, utility models and other results of intellectual activity. Also, only the courts in the Russian Federation may decide on invalidation of records in state registers, registers and cadastres and the establishment, liquidation or registration in the Russian Federation legal entities and individual entrepreneurs.
The rule of law on the exclusive competence of Russian courts of arbitration also applies to disputes related to privatization of municipal property, said sun.
“To disputes the subject of which is located on the territory of Russian immovable property or rights therein, are including claims about reclamation of property from another’s illegal possession, about elimination of infringements of rights not related to deprivation of possession, easement, on property under common ownership, for recognition, for establishing the boundaries of the land, exemption of property from arrest, and also other cases in which… (to arise) the need for state registration of rights to immovable property, or the making of an entry in the Unified state real estate register or other public register of the Russian Federation, if such disputes are not referred to the jurisdiction of the courts of General jurisdiction. The air and sea vessels and vessels of inland navigation are considered to be located on the territory of the Russian Federation, if the right of ownership or other rights on them are registered in the state register of Russia”, — the document says.