Abstract
The paper describes a new legal remedy against foreign arbitration tribunals in the face of sanctions imposed against Russian people, briefly discloses its origins and application abroad, the first judicial practice. The author, based on the analysis of foreign and Russian literature, judicial practice, deduces basic features of anti-suit injunction. Particular attention is paid to the fact in issue stipulated in Article 248.2 of the Arbitration Procedural Code of the Russian Federation. The paper provides a rationale for the optional nature of unenforceability of arbitration agreements.
Highlights
- expanding opportunities for legal protection of Russian legal entities and individuals who have been subject to restrictive measures by foreign states, state associations and/or unions and/or state institutions of a foreign state or state association and/or union by introducing new legal instruments into the Russian arbitration procedural legislation;
Federal Law No 171 introduced into the Russian procedural legislation (Article 248.2 APC RF) a new legal instrument that allows a person concerned to obtain an order issued by a court restraining to commence and/or continue a proceeding in foreign jurisdiction, largely similar to the English “anti-suit injunction”
Freezing injunctions awarded against Russian persons and the arbitration agreement executed under restrictive conditions violates the public policy of the Russian Federation
Summary
In 2020, Federal Law No 171-FZ of June 8, 2020 On Amendments to the Arbitration Procedure Code of the Russian Federation in Order to Protect the Rights of Individuals and Legal Entities in Connection with Restrictive Measures Granted by a Foreign State, State Association and/or Union and/or State (Interstate) Institution of a Foreign State or State Association and/or Union” was adopted (hereinafter referred to as Federal Law No 171), which supplemented the Arbitration Procedure Code of the Russian Federation (hereinafter referred to as the APC RF) with Articles 248.1 and 248.2. - expanding opportunities for legal protection of Russian legal entities and individuals who have been subject to restrictive measures by foreign states, state associations and/or unions and/or state (interstate) institutions of a foreign state or state association and/or union by introducing new legal instruments into the Russian arbitration procedural legislation;. - establishing conditions for application by arbitration courts of the Russian Federation of a prohibition to commence or continue proceedings in disputes involving persons against whom restrictive measures are imposed, by adding Article 248.2 into the APC RF;. Federal Law No 171 introduced into the Russian procedural legislation (Article 248.2 APC RF) a new legal instrument that allows a person concerned to obtain an order issued by a court restraining to commence and/or continue a proceeding in foreign jurisdiction, largely similar to the English “anti-suit injunction”
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