Conducting disputes related to foreign economic activity
Due to the instability of the economic situation, and sometimes with the bad faith of counterparties or unlawful actions of the authorities, in the course of commercial activities, there are controversial situations that need to be resolved in a special order. In particular, when a dispute is not settled through negotiations, there is a need to resort to judicial protection of violated rights and legitimate interests.
Law firm BRACE provides services for the representation of interests of business entities in the event of disputes related to foreign economic activity.
Conditionally indicated disputes can be divided into the following categories:
•Disputes arising from civil law relations.
•Disputes arising from administrative relations.
•Recognition and enforcement of decisions of international commercial arbitration courts and decisions of foreign state courts.
•Other categories of disputes.
The first category of disputes is related to legal relations between persons engaged in entrepreneurial activities of a civil-legal nature (for example, protection of property rights, non-fulfillment of the terms of concluded transactions, etc.).
Corporate disputes are disputes arising from the conflict of interest of participants in an economic entity in terms of the separation of managerial competencies or challenging the decisions of government bodies.
Disputes arising from administrative relations relate to challenging decisions and actions (inaction) of public officials and authorities. For example, in the process of carrying out foreign economic activity, the most relevant is challenging the decisions of customs and tax authorities.
Regarding the recognition of decisions of foreign courts, such decisions are recognized and enforced in the Russian Federation, if provided for by an international treaty of the Russian Federation.
Disputes arising from civil relations, as well as corporate disputes, as a general rule, are subject to arbitration courts. According to Art. 249 of the Arbitration Procedure Code of the Russian Federation in the event that the parties, at least one of which is a foreign person, entered into an agreement in which it determined that the arbitration court in the Russian Federation has the competence to consider a dispute arising or that may arise economic activity, the arbitral tribunal in the Russian Federation will have the exclusive competence to consider this dispute, provided that such an agreement does not change the competence of the foreign court.
Also acceptable is the agreement of the parties on the jurisdiction of the consideration of such a dispute in international commercial arbitration and arbitration courts.
Thus, for the qualitative provision of legal assistance in accompanying disputes related to foreign economic activity, it is important to conduct a legal analysis not only of the substantive law but knowledge of the details and procedural features of the consideration of such disputes.
The specialists of the Law Firm BRACE provide legal support for the conduct of disputes related to foreign economic activity.
- Development of legal position and advice on disputes arising in connection with foreign trade activities.
- Legal support of pre-trial settlement of disputes.
- Participation in negotiations in the settlement of disputes.
- Protection of interests in the state arbitration courts of the Russian Federation.
- Representation in international commercial arbitration and arbitration.
- Drafting and legal expertise of foreign trade contracts
- Legal support under the law of the Eurasian Economic Union
- Legal expertise of compliance of transactions and trading operations with international requirements and restrictions
- Representation of interests in the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation
- Recognition and enforcement of awards of international commercial arbitration courts and awards of foreign state courts
- Due diligence of an investment project with the participation of foreign investments (foreign entities)
- Preparation and legal expertise of documents for the implementation of the investment project