Private international law in Russia / edited by Anton Asoskov, Daria Levina, and Milana Karayanidi.

Format:

Book

Contributor:

Asoskov, Anton, editor.

Karayanidi, Milana, editor.

Levina, Daria, editor.

Series:

Studies in Private International Law.

Studies in Private International Law

Language:

English

Subjects (All):

Conflict of laws--Russia (Federation).

Conflict of laws.

Physical Description:

1 online resource (229 pages)

Edition:

1st ed.

Distribution:

London : Bloomsbury Publishing (UK), 2024.

Place of Publication:

London : Hart Publishing, 2024.

System Details:

text file HTML

Summary:

"This book provides the first comprehensive introduction to Russian private international law (PIL) for the foreign lawyer. The book carefully examines the applicable conflict of law and jurisdictional rules on the basis of the relevant statutory provisions, case law, and doctrinal writings developed in Russia for the purposes of dealing with cross-border commercial issues. It covers topics that will be of particular interest to comparative scholars, for instance the sources of PIL in Russia, including international conventions and treaties; party autonomy and the choice of law by the parties; determination of applicable law in the absence of choice by the parties; public policy exceptions and overriding mandatory provisions; and many more. These and other topics serve as an entry point to the hybrid system of law that Russian PIL is: modelled on European law but characterised by its Soviet past."-- Provided by publisher.

Contents:

Intro

Series Editor's Preface

Contents

List of Contributors

Table of Cases

Table of Legislation

Introduction

1. Introduction to Russian Private International Law

I. Historical Background of the Concept of PIL in Russia

II. The Concept of PIL in the Modern Russian Doctrine

2. Sources of Private International Law in Russia

I. Public International Law

II. National Law

III. Case Law

IV. Doctrine

V. Customary Law

VI. Non-State Rules of Law

3. Fundamental Concepts of Private International Law

I. Types of Conflict Rules and Connecting Factors

II. Characterisation (Classification)

III. Preliminary (Incidental) Question

IV. Renvoi

V. Non-Unified Legal Systems (Reference to the Law of a Composite State)

VI. Public Policy (Ordre Public)

VII. Overriding Mandatory Provisions (Rules of Immediate Application)

VIII. Ascertainment of Foreign Law

4. Persons

I. Individuals

II. Legal Entities

III. Unincorporated Bodies

5. Contractual Obligations: Party Autonomy

I. Party Autonomy in Russian PIL

II. Restrictions on Party Autonomy

6. Contractual Obligations: Applicable Law in the Absence of the Parties' Agreement

I. The General Principle: Application of the Law of Characteristic Performance

II. Exceptions to the Principle of Characteristic Performance

III. Principle of the Closest Connection: An Escape Clause

IV. The Law Applicable to Mixed Contracts

7. Non-Contractual Obligations

I. General Rules on Torts

II. Unjust Enrichment

III. Party Autonomy in Non-Contractual Obligations

IV. Other Special Rules on Non-Contractual Obligations

8. Property

I. Introduction

II. Law of Property

III. Special Conflict-of-Laws Rules Concerning Property Rights

9. Succession (Inheritance) Law

I. Sources

II. Intestate Succession.

III. Testamentary Disposition

10. Jurisdiction of Russian Courts in Civil and Commercial Cross-border Matters

I. The Russian Courts System and Allocation of Jurisdiction Among Russian Courts

II. International Jurisdiction of Russian Courts

11. Recognition and Enforcement of Foreign Judgments

I. General Framework

II. Two Gateways to Recognition and Enforcement: Treaties and Reciprocity

III. Procedure for Granting an Exequatur

IV. Grounds for Granting an Exequatur

12. International Commercial Arbitration

I. Applicable Legal Instruments and Fundamental Concepts

II. Arbitration Agreement

III. Arbitrability

IV. Court Intervention and Assistance

V. Arbitral Procedure

VI. Law Applicable to the Merits

VII. Setting Aside Arbitral Awards

VIII. Recognition and Enforcement of Awards

Bibliography

Index.

Notes:

Includes bibliographical references and index.

ISBN:

9781509964321

1509964320

9781509964338

1509964339

9781509964345 (electronic book)

1509964347

OCLC:

1439717538