Abstract
The problem of resolving cross-border insolvency disputes by Russian courts using foreign experience is analyzed in the article. The author describes how the problem of cross-border insolvency is resolved according to contemporary Russian legislation. It is noted that Russian courts are forced to independently develop approaches to dispute resolutions on cross-border insolvency in the absence of certain provisions in Russian law. The invocation of the concept “Center of Main Interests” (COMI) based on the analyses of the Russian courts’ cross-border insolvency precedents and the study of oversea conceptions is examined. The author comes to the conclusion that in order to justly resolve disputes on cross-border insolvency, it seems promising to use foreign experience by domestic courts.
Highlights
Abstract: the problem of resolving cross-border insolvency disputes by Russian courts using foreign experience is analyzed in the article
The author describes how the problem of cross-border insolvency is resolved according to contemporary Russian legislation
It is noted that Russian courts are forced to independently develop approaches to dispute resolutions on cross-border insolvency in the absence of certain provisions in Russian law
Summary
Abstract: the problem of resolving cross-border insolvency disputes by Russian courts using foreign experience is analyzed in the article. Несмотря на относительную немногочисленность в российской судебной практике дел о трансграничном банкротстве, Верховный суд Российской Федерации в Определении от 12.01.2018 No301-ЭС17–20197 по делу No А28–8319/2016 успел высказать позицию о возможности банкротства иностранцев (физических лиц) согласно российскому законодательству.
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