Settlement Of Commercial Disputes Research Articles

Primena medijacije kod restrukturiranja

In order to improve business and overcome dificulties, business entities resort to various measures. They can be carried out within or out of any of the procedures established by law. Serbia’s positive law recognizes mediation as a way of resolving disputes. For business entities, the possibility of financial restructuring agreement assisted by institutional mediation is foreseen. Although the legislation does not explicitly provide for it, it is not excluded that the business entity – the debtor, assisted by an individual mediator, reaches an agreement on restructuring with its creditors. In addition, by signing the Singapore Convention on Mediation, Serbia introduced the possibility of cross-border settlement of commercial disputes through mediation. However, in practice, debtors rarely opt for mediation. In the European Union, new preventive instruments are being introduced to prevent insolvency, out of court or in court proceedings. They are intended for honest but insolvent business entities. The purpose of this paper is to analyze the possibility of using the general mediation framework in the restructuring of business entities according to the existing legislation and to consider the possibility of its formal inclusion in the range of preventive instruments.

The Scope of the Application of Electronic Arbitration in Resolving Electronic Contract Disputes

This research aims to address the issue of electronic contract dispute settlement through electronic arbitration, which is considered a modern method utilized toresolveelectronic contract disputes between the parties to the legal relationship. This research also seeks to define the term ‘ electronic arbitration”and its problems, obstacles, how to implement its provisions and the procedures that must be followed to come up with a unified global model for the regulation of legal arbitration. The problem of this research lies indefining national and regional legislation to address all the issues presented by electronic contracts and how to arbitrate their disputes in an attempt to keep pace with the rapid developments of technology.The significance of this research lies in elucidating the substantive and procedural legal aspects of electronic arbitrationand understanding the law applicable to it in light of challenges in determining the place and time of the issuance of the electronic arbitrationawardbecause of the diverse locations where the parties to the disputes reside and the arbitral tribunal.Finally, its importance lies in attempting to guide how to implement electronic arbitration provisions. Keywords: electronic arbitration, electronic contracts, settlement of commercial disputes, nature of electronic arbitration, arbitration judgment, arbitration procedures, arbitrators. DOI: 10.7176/JLPG/124-01 Publication date: September 30 th 2022

ПРОБЛЕМНІ АСПЕКТИ ДОСУДОВОГО ВРЕГУЛЮВАННЯ ГОСПОДАРСЬКИХ СПОРІВ

The article is devoted to the main problems of such an important institution of law as pre-trial settlement of commercial disputes. The paper considers public relations in the field of pre-trial settlement of legal disputes related to he implementation of business and other economic activities, in their relationship with the mechanism of consideration and resolution of cases in commercial courts. The authors investigate the legal nature and essence of pre-trial settlement of commercial disputes; its types are analyzed; the main approaches to the similar settlement of economic disputes in developed countries are identified. The study draws attention to the fact that today the main type of pre-trial settlement of commercial disputes in the legal field of Ukraine is claims proceedings, its mechanism is described. Considering the prospects for the development of other pre-trial instruments for resolving commercial disputes in Ukraine, in addition to litigation, which are actively used abroad, it should be noted that disagreements between the parties can be resolved peacefully. Mediation has been shown to be an alternative to litigation. Mediation (mediation) is an independent type (method) of alternative dispute resolution. Mediation - negotiations of the parties with the participation of a mediator in order to resolve the dispute (disputes) of the parties by developing a mutually agreed agreement. Mediation can be seen as a means of simplifying and improving access not only to justice but also to justice in general. It is proposed to expand the scope of pre-trial dispute resolution and its types, which, according to the authors, will identify the real causes of disputes between the parties to the conflict. It is substantiated that today the institution of pre-trial settlement of legal disputes - a complex intersectoral legal phenomenon is an independent legitimate form of protection of rights and legitimate interests of legal entities, aimed at resolving private and, in cases expressly provided by law, public conflicts.

Regulation of Commercial Dispute Settlement Mediation in the Perspective of Legal Assurance and Justice

The Indonesian government is currently trying to formulate an appropriate and up-to-date formula for making regulations on mediation and settlement of commercial disputes. This is done by the Indonesian government to support various policies that have been made to ensure legal certainty so that investment develops. Therefore, the authors are interested in bringing up the theme of this scientific article by analyzing comparative studies between Indonesia and Malaysia; The analysis in this article is about the mediation arrangement for the settlement of commercial disputes in Indonesia by comparing with Malaysia to achieve legal certainty and justice. The research method used is normative juridical. The results of the study show that the regulation of mediation for the settlement of commercial disputes in Indonesia as regulated in Law Number 30 of 1999 in substance and structure does not meet legal certainty and justice. Meanwhile in Malaysia, the arrangements for dispute resolution mediation regulated in the Kuala Lumpur Regional Arbitration Center Mediation Regulations and the 2012 Mediation Law (UU 749) have met legal certainty and justice. In the future, the concept of regulating commercial dispute settlement mediation in Indonesia, its substance and structure must meet legal certainty and justice. This scientific article concludes that the concept of regulating commercial dispute resolution mediation in Indonesia must be regulated separately because in substance and structure, mediation and arbitration have different principles. It is preferable that the regulations that will be made in the future must involve various parties related to the business world to produce representative regulations both nationally, regionally and internationally; if necessary, Indonesia becomes an alternative legal model for dispute resolution through mediation.

Chinese International Commercial Courts: Overview and Potential Questions Around It

People’s Republic of China (PRC) established China’s International Commercial Courts (CICC) and became one of the global competitors that offers international commercial dispute settlement service. Basically, the CICC formed to assist the enhancement of the “Belt and Road Initiative”. The formation of the CICC was an important progress in the judicial system of the PRC. The Supreme People’s Court (SPC) of the PRC equips the CICC with the necessary judicial interpretation. This article analyses the establishment of the CICC and its significant features. The goal of this research is to illustrate a detailed overview and thorough research regarding to the CICC. The current work also provides answers to the potential misunderstandings around the CICC. Based on the existing works of distinguished scholars some improvements regarding to CICC is incorporated in the research. The author also provides a comprehensive analysis of the functioning and structure of the CICC.

Significance And Challenges For The China International Commercial Court For The Settlement Of Commercial Disputes Under Belt And Road Initiative

Significance And Challenges For The China International Commercial Court For The Settlement Of Commercial Disputes Under Belt And Road Initiative

Harmonizing Commercial and Investment Arbitration: Conflict Dynamics

This article provides an independent analysis of the scope and extent of arbitration under investment agreements, and the implications of the possible convergence in the process of harmonization of international commercial arbitration law.The successful settlement of any dispute depends on the compatibility of the nature of the dispute with the technique to which it is submitted for resolution. In the last decade, there was a constant increase in the number of disputes that were subjected to arbitration and a major chunk of those disputes covered a comparatively new but known area called international investment law. With economic globalization allowing the free flow of foreign direct investment (FDI) in and out of a country, the existing regulatory framework in international law to standardize investment liberalization is often seen as ineffective, hence the consequent disputes. Here, arbitration offers a suitable framework for the amicable settlement of commercial disputes covering investment agreements with the assistance of bilateral or multilateral agreements between the states. Preferential trade agreements pertaining to investment often contain an arbitration clause for the settlement of future disputes between parties. At this juncture, one may find that there exists a fundamental dilemma in ascertaining the true nature of investment arbitration and how it is different from commercial arbitration. For example, the protection being offered to human rights under the purview of investment arbitration may generate doubts in the minds of investment arbitrators. In commercial arbitration, divergences in a pluralistic order become particularly relevant whereas the diverse legal cultures supported by individual constitutional frameworks have a direct impact on investment arbitration due to their practical application. The article also discusses the need for harmonized rules governing arbitration procedures while maintaining the functional dissimilarities between commercial and investment arbitration.

Analysis of the Recent Commercial Arbitration Development Plan of the Korean Government – Some Suggestions for Vietnam’s Arbitration Law and Policy

Abstract The settlement of commercial disputes by commercial arbitration is gradually becoming popular in the business community. In the course of economic integration, Vietnam has acknowledged the role of arbitration and attempted to develop its arbitration legal framework in compliance with international practices. However, Vietnam’s arbitration system still faces various issues and thus, has required further reform. There are often cancellations of the referee’s decision, the procedure to cancel the award often lacks clarity, and the venue for the arbitration center’s dispute to be resolved is limited. In addition, the management, quality assessment and training of arbitrators is one of Vietnam’s problems. In Asia, Korea is known as one of the most pro-arbitration jurisdictions in the region. Since the adoption of the Arbitration Act in 1966 that governs both domestic and international proceedings, the Korean arbitration legal framework has always been kept consistent with generally accepted international practices. Recently, the Korean government has introduced an action plan to further promote the robust development of the commercial arbitration industry over the five-year period, from 2019 to 2023, and the goal is to turn Korea into one of five countries that have the world’s best arbitration system. Given the close cultural background and integration strategy of Vietnam and Korea, it is believed that the Korean experience can serve as a good reference for Vietnam in developing commercial arbitration law and policy. This paper begins with analyzing the background of the Vietnamese arbitration system and highlighting some limitations of Vietnamese arbitration. It then switches to the Korean arbitration system and development plan on promotion of dispute settlement by arbitration. The paper focuses on analyzing four main strategies that would: (1) strengthen the foundation of the arbitration industry; (2) activate domestic arbitration; (3) secure competitiveness in the arbitration industry; (4) expand the attraction of international arbitration. The Korean action plan can suggest some interesting strategies for Vietnam to further strengthen its commercial arbitration system.

THEORY AND PRACTICE OF INTERNATIONAL COMMERCIAL ARBITRATION TO PROTECT THE RIGHTS OF ENTREPRENEURS

The article provides a theoretical and legal analysis of the genesis, regulatory basis of the International Commercial Arbitration at the Chamber of Commerce and Industry of Ukraine in the direction of settling commercial disputes between businesses from different countries. Based on international agreements, which are part of the national legislation of Ukraine, the theoretical and legal author's investigation of the essence and significance of interstate instruments in the field of pre-trial settlement of trade disputes. Using the norms of current international trade law, as well as in view of numerous scientific studies in this field, the author presents different conclusions that may form the basis for improving existing regulations of Ukraine, especially the Laws of Ukraine "On Foreign Economic Activity" and "International Commercial arbitration". Due to a thorough economic and legal analysis of key concepts, such as "arbitration", "arbitration agreement", "international arbitration", "commercial arbitration", etc., the author's approach to the application of current legislation in the field of legal protection of rights and legally protected interests management. Particular attention is paid to those international legal instruments for settling economic disputes that best meet the interests of the domestic economy. The essence of autonomous, mixed contractual and procedural scientific theories on the legal essence of international commercial arbitration is analyzed, and their imperative filling with those legitimate instruments of coercion which are applied to violators of international commercial law and other normative legal acts which regulate legal relations is investigated. Particular attention is paid to the coverage of scientific and practical framing of issues related to the implementation of positive international and European experience in the legislation of Ukraine, primarily on the pre-trial settlement of commercial disputes.

Housing construction in the present-day context of decelerating economic growth

Abstract Introduction. The unwanted slowdown of the housing construction process, triggered by the coronavirus crisis, does not cancel the tasks set by the national project “Housing and the Urban Environment”. The practical analysis of the housing sector has confirmed that the economic recovery of the housing construction industry cannot be regarded as an outcome of inconsistent measures. The novelty of the approach lies in the identification of the most problematic development hurdles and their comprehensive overcoming in the context of digital transformation of residential development projects, which contributes to effective demand, optimizes the distribution of risk between construction work participants and expands the use of preventive mechanisms for the out-of-court settlement of commercial disputes arising in the construction sector. Materials and methods. A quick analysis of the current situation in the housing sector, including the one in the regions, has identified the most important factors hindering the growth of business activities in this industry. Methods of systems analysis, adjusted in terms of time and space, made it possible to apply situational analysis tools to the housing construction sector. Results. A repeated discussion of the reasons for the contraction of housing construction which is underway on discussion platforms of the Ministry of Construction of the Russian Federation, NOSTROY, RANEPA, MGSU, etc. has revealed that the comprehensive implementation of aggregated effects that accompany the transition to project funding is impossible without the implementation of the principle of “risk symmetry”, effective demand support, prevention of conflicts of interests between construction participants and the practical implementation of the potential of digital transformation of investment and construction processes in the project format at all stages of the life cycle of a construction project. Conclusions. The nurture of a qualitatively new digital environment in the housing sector will change not only its planning, controlling and expert functions, but also the evaluation and communication mechanisms, as it contributes to reduction of transaction and operational costs, boosts the efficiency and objectivity of construction control, increases trust and partnership solidarity, narrows the scope of litigation and reduces the number of bankruptcies, etc., thus, setting the stage for an accelerated recovery and growth of the housing construction.

СТАНОВЛЕННЯ КОНКУРСНОГО ПРОЦЕСУ (ПРОЦЕДУРИ БАНКРУТСТВА) ТА ЙОГО РОЗВИТОК У 1990-х РОКАХ В НЕЗАЛЕЖНІЙ УКРАЇНІ

The article is devoted to the formation and development of the competitive process in independent Ukraine, namely in the 90s of the twentieth century, during its economic downturn. The normative legal acts of that period, which regulated the insolvency relations and the corresponding Explanations of the Supreme Arbitration Court of Ukraine, are studied. It is emphasized that the first act of the competitive process of independent Ukraine — the Bankruptcy Law at 1992, proved to be very simple to solve the problems of insolvency of large industrial enterprises. The author accentuates that this law in its essence resembled the competitive process of the XIX century, where there was only a liquidation procedure. The lack of a full-fledged financial recovery procedure, traditional measures of the bankruptcy process, a professional arbitration manager and legal deadlines for the regulation of bankruptcy proceedings led to litigation and unjustified liquidation of strategic industrial enterprises for the state. It is argued that the purpose of the Explanations of the Supreme Arbitration Court of Ukraine dated 18.11.1998 was to increase the efficiency of the law itself, mitigate the negative consequences of its application, resolve problems of simultaneous settlement of commercial disputes in litigation with consideration of monetary claims of creditors in bankruptcy proceedings. The important points of this Clarification are emphasized concerning the application of procedural norms, the legal status of the participants in the case, the structure and content of the application for initiating bankruptcy proceedings, the functions of the court, the work of the liquidation commission, etc. It is noted that the Clarification not only facilitated the work of arbitration courts and participants in the bankruptcy proceedings, but also allowed to properly understand the essence of the bankruptcy process itself, previously unknown to the legal science of Ukraine. It is argued that the Bankruptcy Law at 1999 was of revolutionary significance for the development of the bankruptcy process in Ukraine. He significantly intensified the activities of arbitration courts. Significantly increased the number of bankruptcy cases initiated by debtors, including large industrial enterprises. In many cases, the courts began to apply reorganization and amicable agreement procedures. There are differences between the Bankruptcy Laws at 1992 and 1999, in particular in their direction. As a result of the study, the author concludes that the benefits provided by the Bankruptcy Law of 1999 could be used by debtors in respect of whom cases were initiated under the "old" version of the Law. The activities of arbitration managers allowed to maximize the efficiency of the bankruptcy procedure in terms of financial recovery of debtors and repayment of creditors’ claims.

Ravelli v. Digitsteel Integrated Services Ltd.: Does the Arbitration and Conciliation Act Preclude the Arbitration of Employment Disputes in Nigeria?

The long title of Nigeria’s Arbitration Act describes the Act as ‘a unified framework for the fair and efficient settlement of commercial disputes by arbitration’. Section 57(1) of the Arbitration and Conciliation Act (ACA) does not include the National Industrial Court of Nigeria (NIC or ‘the court’) in its definition of ‘court’. (The NIC is a specialized High Court with exclusive jurisdiction to hear and determine labour and employment disputes.) Relying on the provisions of section 57(1) of the ACA, the NIC in Ravelli v. Digitsteel Integrated Services Ltd. recently held that it is not enabled to apply the ACA, and further that the ACA does not apply to employment disputes. Accordingly, the NIC refused to assist the applicant to give effect to an arbitration agreement contained in an employment contract. This case comment reviews the decision in the Ravelli case and contends that, based upon a different rationale, the NIC might have taken jurisdiction to consider, and perhaps grant, the application. Arbitration, employment dispute, trade dispute, Arbitration and Conciliation Act, Trade Disputes Act, National Industrial Court of Nigeria, jurisdiction, employment contract, arbitration agreement, Constitution of the Federal Republic of Nigeria

Арбітраж як суб’єкт правозастосування при вирішенні міжнародних комерційних спорів

Метою статті є дослідження механізму встановлення юрисдикції арбітражного суду на вирішення комерційних спорів, аналіз поняття та змісту концепції арбітрабільності.
 Наукова новизна полягає у дослідженні особливостей делегування міжнародному комерційному арбітражу правозастосовчих функцій державними судами. Так, стверджується, що, делегуючи такі функції, держава автоматично не виключає вказані категорії спорів з-під юрисдикції судів. Лише при наявності письмової арбітражної угоди, яка відповідатиме вимогам чинності, дійсності та виконуваності, дотримання вимог арбітрабільності спору, а також реалізації однією зі сторін наміру вирішити спір саме в порядку арбітражу шляхом подання звернення в арбітраж (позовної заяви) такий спір виключається з юрисдикції державних судів та розглядається арбітражем.
 Висновки. Беручи до уваги договірні передумови передачі спору на вирішення міжнародних комерційних арбітражів, арбітрабільність спорів дійсно є критерієм, що окреслює сферу правомочностей сторін спору щодо вибору й передачі на вирішення арбітражу певних, визначених категорій спорів (визначає межі договірної свободи сторін), а з іншого боку – на етапі виникнення спору дозволяє складу арбітражу виявити належність конкретного спору до тих, які можуть бути вирішені арбітражем, відмежовуючи таким чином сферу підвідомчості спорів державним судам.
 Положення проаналізованих норм свідчать, що на рівні українського законодавства створено відповідний механізм реалізації положень Нью-Йоркської конвенції 1958 р. й учасники, які уклали угоду про передачу спору на вирішення міжнародного комерційного арбітражу, дійсно мають право скористатися саме таким способом альтернативного вирішення спору з його одночасним вилученням з юрисдикції державних судів, що забезпечується положеннями процесуального кодексу про залишення позову без розгляду та закриття провадження у справі.

Механизм урегулирования коммерческих споров в рамках сопряжения ЕАЭС и китайской инициативы «Один пояс, один путь»

The process of integrating the Chinese initiative ‘One Belt, One Road’ and the EEU development concept has entered a new stage – the transition from project cooperation to systematization. The creation of an inter-regional mechanism for the settlement of commercial disputes is an urgent need to resolve disagreements in the field of trade, as well as an important guarantee of the further development of trade and economic cooperation and coordinated interaction of countries. The article gives recommendations on the creation of a mechanism for the settlement of commercial disputes within the framework of interfacing the construction of the Eurasian Economic Union and the Silk Road Economic Belt.

Paradigm shift; the emergence of arbitral forum shopping in CPEC investment disputes

Purpose The phenomena of arbitral forum shopping to resolve a commercial investment dispute is still under development and more complicated in many states. However, for Pakistan, it seems in an evolutionary phase, where the country is struggling hard to adopt the best practice of dispute resolution through forum shopping clauses. This struggle is even more inflated with huge Chinese investment through China Pakistan economic corridor (CPEC) projects in Pakistan, which come alongside with commercial investment disputes. For this purpose, the current treaty or contract-based system between China and Pakistan and litigation based domestic civil court structure look obsolete, hence, appear to require reinstatement of forum shopping clauses under concerned treaties or contracts for CPEC investment-related issues. Design/methodology/approach The authors choose a legal research method. The research design is a comparative analysis between CPEC contracts and dispute resolution mechanism between China and Pakistan and also the domestic civil court’s litigation system. This analysis selected by the authors due to inefficient bilateral investment arrangements and efficient resolution of future commercial disputes in CPEC. While the international arbitration system is included in the assessment were particular in the time and space context. The comparison comprises on dispute resolution clauses in free trade agreement (FTA) and bilateral investment treaties (BIT) between China and Pakistan and the system of resolving disputes by CPEC clauses. Findings The authors finds that in the absence of CPEC forum shopping clause under dispute resolution system, Pakistan is highly at risk to lose foreign investors, and therefore, set back the goal of long term economic sustainability in the region. However, China has already made its investment policies safer with establishing three international commercial courts (also referred to as Belt and Road courts), one in Xi’an for the land-based Silk Road Economic Belt, one in Shenzhen for the Maritime Silk Road and one in Beijing that will serve as the headquarters. These courts will be offering litigation, arbitration and mediation services. According to one view, China aims to have all belt and road initiative (BRI) disputes resolved by these courts. This makes Pakistan position more awkward and needs proactive measures, as CPEC investment is based on Pakistan foreign direct investment policies and legal structure. Therefore, it will be complicated and less favourable for Pakistan to deal with such cases under Chinese Courts. Originality/value The paper’s primary contribution is finding that comprehensive analysis of alternative dispute resolution mechanism between China and Pakistan over CPEC investment is inevitable. A socio-legal research combine with an examination of Singapore International Commercial Court functions and mechanism and CPEC plans further contributes to ascertain the best model of the settlement of commercial disputes under investments in Pakistan. This research paper anticipates future economic and legal problems, which Pakistan may encounter.

Settlement of Commercial Disputes in the World Trade Organization (WTO)

The WTO Dispute Settlement Body is the cornerstone of the multilateral trading system. It is instrumental in stabilizing the global economy, it is a tool for resolving disputes and enforcing rules related to the organization, and makes the trading system safer and predictable. This system is based on clearly defined rules with a timetable for the hearing of the case.But this does not prevent the existence of disadvantages related to this body in terms of the way it operates and the threats related to the termination of the presence of the Appeal, which in turn may lead to the failure of the global system for the settlement of trade disputes between the countries of the world. Keywords: commercial disputes, World Trade Organization, WTO. DOI : 10.7176/JLPG/91-12 Publication date: November 30 th 2019

A Review of The United Nations Convention On International Settlement Agreements Resulting From Mediation

The Singapore Convention on Mediation seeks to facilitate the cross-border enforcement of international commercial settlement agreement reached through mediation. The Convention establishes a more efficient, harmonized settlement of commercial disputes through mediation that is acceptable to States with different legal, social and economic systems thus contributing to the development of harmonious international economic relations. This Note carries out a review of the salient provisions of the United Nations Convention on International Settlement Agreements Resulting from Mediation.

국제상사분쟁해결을 위한 조정제도 활용에 관한 고찰 - 조정과 중재제도의 비교를 중심으로

The Mediation as an alternative resolution system is highlighting on ICT global commerce with easy to access and effectiveness. Recently UNCITRAL model law on international commercial mediation has been amended in 2018 to encourage the use of mediation on adding and improving ensuring certainty for international settlement agreements and its enforcement.BR It is undeniable that the international commercial arbitration has been a significant effects for the international commercial resolutions to ensure the justice according to laws of arbitration. Arbitration has the quasi judicial characteristics. However, we also are expected to be cost, time and relationship on the commercial fields as well as the simple and settlement agreement of small or simple disputes with voluntarily amicable process in international commercial disputes.BR Mediation service for settlement of commercial disputes should be followed by the operation rules of law based on the improving value in accordance with the national and international supporting measures with laws and practices. It will be good conditions for making the international convention on settlement agreements resulting form mediation as a draft as finalized by the UN commission.BR In this paper it is consider the problems and alternatives on related applicable mediation system as an parties

Resolving Commercial Disputes in India: Focus on ‘Mediation’ as an Effective Alternative ‘Towards Ease of Doing Business’

Disputes are inevitable in commercial transactions and this gets further complicated when it comes to cross boundary commercial transactions. Mostly it has been an experience that the parties to resolve commercial disputes including an international commercial transaction dispute utilize arbitration. Institutions like ICC, LCIA and ICSID have evolved and are handling the matters relating to international commercial disputes. While one may say that, the international dispute settlement mechanism in commercial matters is invariably ‘arbitration’, as parties do not prefer to choose litigation due to its inherent lacunae of delay and costs, the new methods or alternate methods of dispute settlement are still evolving. Mediation is one of those methods and has proven itself to be unique and quite successful settlement process when conducted by a skilled mediator. As regards its utility, mediation is more useful compared to arbitration because of its principle of parties themselves coming to a settlement and ‘without prejudice’ process. However, the parties to a commercial dispute or the international commercial transaction to subject their disputes for settlement have not accepted mediation that readily. The present paper would explore the reasons behind that by examining the existing literature and efforts put in by the countries in promoting mediation as a method of settlement of commercial disputes. It would be explored whether ‘mediation’ may emerge as an important alternative to the dispute settlement mechanism for settling commercial disputes.

Режим требований об убытках в условиях расширения территориальной юрисдикции Российской Федерации и вопросы международного частного права

INTRODUCTION. The proliferation of legislative, judicial and general administrative jurisdiction to Crimea in the spring of 2014 highlighted a number of new issues in the regulation of civil law relations in the international and local sphere that faced the courts in the Russian Federation, as well as the need to make adjustments to approaches related to the recognition of foreign state law acts and enforcement of foreign judgments. In the field of private international law, in addition to the mentioned, an understanding of the phenomenon of collision of various multi-national norms arose not in space, which is the central subject of this science, but in time. MATERIALS AND METHODS. The works of Russian and foreign authors are the material of the article. In this work historical, inductive, and comparative research methods were used. RESEARCH RESULTS. This article is on the subject of conflict of law’s regulation pertaining to the claims of losses, the right from the Crimea territory before and after its reunification with the Russian Federation on the 18th of March 2014. The author presents recommendations relating to legislative solutions and amendments to civil and criminal law regulation in line with consideration of judicial competence of national courts in the light of Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, signed on the 22nd January 1993 in Minsk by participants of CIS, as well Agreement on Settlement of Commercial Disputes of 20th of March 1992. DISCUSSION AND CONCLUSIONS. The author concludes that in view of coming the new jurisdiction in annexed Crimea the foreign elements that arose before this event disappear, and therefore it is necessary to be guided by its legal order in the absence of its regulation in question. The Anglo-Saxon concept of vested rights is not applicable in this exceptional case.