Issue |
SHS Web Conf.
Volume 134, 2022
14th Session of Euro-Asian Law Congress “The value of law” 2021
|
|
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Article Number | 00110 | |
Number of page(s) | 6 | |
DOI | https://doi.org/10.1051/shsconf/202213400110 | |
Published online | 09 February 2022 |
Russian “Anti-Suit Injunction” to Proceedings in Foreign Arbitration Tribunal
Department of Civil Procedure, Ural State Law University, 620137, Yekaterinburg, Russia
* Corresponding author: yarkov5995@gmail.com
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.
© The Authors, published by EDP Sciences, 2022
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