Transnational Propagation Agreements in Russian and Chinese Law

DOI

10.2991/assehr.k.201205.064How to use a DOI?

Keywords

international jurisdiction, contractual jurisdiction, cross-border disputes, arbitration agreement, arbitration clause, progression agreement

Abstract

The rapid growth of international private law relations is accompanied by an increase in the number of legal disputes arising from them. In many cases, the parties intend to select the competent judicial institution of their choice. However, the modern laconic design of the norms of the Civil Procedure and Arbitration Procedure Codes of the Russian Federation in practice causes many problems. It is these rules that govern the contractual jurisdiction of cross-border disputes. The article presents a critical view of the existing normative regulation in the Russian Federation, as well as a comparative legal analysis of the institution under consideration in the law of the Russian Federation and the People’s Republic of China as states leading a very active investment and foreign economic policy. The research done allowed making several proposals for improving the current Russian procedural legislation. The research demonstrates that it is necessary to bring uniformity to the provisions of Art. 404 of the Code of Civil Procedure of the Russian Federation and Article 249 of the Arbitration Procedure Code of the Russian Federation and expand their content by regulating the form of the propagation agreement, taking into account the existing clarifications of the Supreme Court of the Russian Federation and the norms of the Laws “On Arbitration (Arbitration)” and “On the International Commercial Arbitration Court”. The existing terminology should also be streamlined by using the term “propagation agreement” or “agreement on the jurisdiction of the dispute to an arbitration court”. The study of judicial practice, as well as a comparative analysis of Russian and Chinese legislation in the area under consideration, showed the need to establish requirements for the content of propagation agreements. Propagation agreements should include the intention of the parties to go to a specific court, the subject of the proceedings, as well as the composition of the arbitrators (in commercial arbitration), which will significantly reduce the risk of invalidation of agreements. Equally valuable is the aspect of law enforcement practice would be the consolidation of the provision that all doubts arising from the inaccuracy of the wording of the propagation agreement should be interpreted in favour of recognizing the competence of the judicial institution chosen by the parties.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Elena Lvovna Simatova
AU  - Olga Vyacheslavovna Shapoval
PY  - 2020
DA  - 2020/12/07
TI  - Transnational Propagation Agreements in Russian and Chinese Law
BT  - Proceedings of the XIV European-Asian Law Congress "The Value of Law" (EAC-LAW 2020)
PB  - Atlantis Press
SP  - 388
EP  - 393
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201205.064
DO  - 10.2991/assehr.k.201205.064
ID  - Simatova2020
ER  -