Legal representation in disputes involving foreign companies
One of the important areas of practice of lawyers of BRACE Law Firm is the provision of legal representation services in a court in cases in the field of disputes involving foreign companies. In our practice, we are faced with various types of disputes involving foreign companies disputes at different stages of resolution, including pre-trial and trial. Our advantage is the extensive experience in case management in courts, specialized expertise and a well-coordinated team of lawyers.
Features associated with the disputes involving foreign companies require an individual approach to each specific case and careful legal analysis.
Disputes involving foreign companies
In modern times, the participation of foreign capital in the economy of the Russian Federation is the norm. In the Russian market, you can find both Russian and foreign companies. In this regard, often in practice, there are conflicts between business entities, relations between which are complicated by a foreign element.
Litigation of various categories with the participation of foreign legal entities is quite relevant in our time. This should include disputes on foreign economic contracts, disputes in connection with the activities of foreign investors, and other matters related to the participation of foreign companies.
Procedure for resolving disputes involving foreign companies
A claim or other pre-trial procedure for dispute settlement is mandatory in cases stipulated by law or contract (part 5 of article 4 of the APC of the Russian Federation, paragraph 7 of article 132 of the Code of Civil Procedure of the Russian Federation, part 3 of article 4 of the Code Administrative Procedure of the Russian Federation).
In case of non-compliance with the claim (pre-trial) order, the statement of claim shall be returned by the court (clause 5 part 1 article 129 of the Arbitration Procedure Code of the Russian Federation, paragraph 1 part 1 article 135 of the Code of Civil Procedure of the Russian Federation, paragraph 1 part 1 article 129 of the Code Administrative Procedure RF), and in case of acceptance for production - to be left without consideration (clause 2 part 1 of article 148 of the Arbitration Procedure Code of the Russian Federation, clause 1 part 1 of article 1 222 of the Code of Civil Procedure of the Russian Federation, clause 1 part 1 of article 1 of article 196 the Code of Administrative Procedure of the Russian Federation).
Before choosing a remedy and method of legal defense, a thorough analysis of the case materials should be carried out, the most correct plan of action should be worked out, since strategic errors cannot be compensated by tactical successes, and from the very beginning there should be a plan and strategy of a legal position in the court case. After choosing the means and method of legal protection, it is necessary to act, making maximum efforts, to achieve the intended result in court.
Considering this issue, first of all, it should be determined which court should apply, whether it will be the court of the Russian Federation or of a foreign state.
When resolving the issue of filing a lawsuit in a specific court, first of all, attention should be paid to the provisions of the main contract concluded between counterparty companies, on the merits of which a dispute arose: namely, the provisions on the jurisdiction of resolving conflicts related to the concluded contract. In such reservations on the jurisdiction, often the parties agree to resolve the dispute in a particular court of a particular state, in an arbitration court, and also to resolve a dispute at the location of the plaintiff or the location of the defendant.
Jurisdiction may also be determined directly by agreement of the parties involved in the case. International contracts often include the so-called “proprietary clause”, that is, an agreement on which court will consider the case in the event of any disagreement (it is also worth remembering that the “proprietary clause” does not cancel the exclusive jurisdiction over rights disputes real estate).
Thus, it is undoubted that the participation of a foreign element implies the use of international legal norms. A list of these rules may be included in the text of the main contract concluded between contractors. In this case, when considering a dispute in court, you should justify your position on the basis of these norms. In particular, in paragraph 5 of Art. 13 of the APC of the Russian Federation? it is established that the arbitral tribunal in accordance with the international treaty of the Russian Federation, federal law, agreement of the parties concluded in accordance with them, applies the rules of foreign law. The indicated legal order does not affect the effect of peremptory norms of the legislation of the Russian Federation, the application of which is regulated by Section VI of the Civil Code of the Russian Federation.
It should be noted that there is a special procedure for notifying foreign persons about a trial if they do not have a branch or an authorized representative in Russia. Notices abroad are sent by the court through the Ministry of Justice of a foreign state or other competent authority.
- Legal analysis of documents and other evidence submitted by a client regarding the disputes involving foreign companies
- Advising by lawyers of BRACE Law Firm on the prospects for trial and/or pre-trial settlement of a dispute
- Drafting and submission of a pre-trial claim (if a mandatory pre-trial procedure is provided or the submission of a pre-trial claim is necessary for other reasons)
- Development of a strategy and tactics for protecting a client in a court
- Collection, preparation and retrieval of evidence for a court case
- Preparation and filing of a statement of claim (application) and other procedural documents on a judicial dispute
- Representation of interests, case management in court by lawyers of BRACE Law Firm and performing all other necessary procedural actions
- Coordination in several parallel cases
- Legal assistance in administrative cases
- Preparation and support of the conclusion of settlement agreements concluded at various stages of the trial
- Appeal of judicial acts in courts of appeal, cassation and supervisory court
- Legal support of enforcement proceedings
- Other legal assistance in court cases on disputes involving foreign companies