Litigation in the Export and Import Cases
Legal representation in court and commercial arbitration on the export and import cases
The implementation of foreign trade is inevitably associated with the emergence of litigation. The decision of foreign economic issues in court is not mandatory, but often only the court can resolve a dispute that arises between the regulatory authority and the entrepreneur. At the same time, entrepreneurs engaged in international activities attract qualified specialists to prepare documents and support foreign economic activity, which help to reduce the possibility of litigation. Often, litigation in the import and export of goods arise, in most cases due to violations of customs laws.
The range of issues that need to be studied for the smooth implementation of the export and import of goods is very large, the legislation changes very often, it is often difficult to keep track of it, it is quite difficult for participants in foreign economic activity on their own. In this regard, there are controversial issues, violations of the law, prosecution, which can lead the parties to the dispute to resolve the issue in the judiciary.
Export and import of goods is one of the main directions of foreign economic activity. In accordance with the Customs Code of the EAEU, the customs procedure for export is a customs procedure applicable to goods of the Union, in accordance with which such goods are exported from the customs territory of the Union for permanent residence outside it. At the same time, the customs procedure for release for domestic consumption is a customs procedure applied to foreign goods, in accordance with which the goods are located and used in the customs territory of the EAEU without restrictions on their possession, use and (or) disposal, provided for by international treaties and acts in the field of customs regulation in relation to foreign goods, unless otherwise provided by the Customs Code.
In addition to challenging the actions of regulatory authorities, entrepreneurs are forced to go to court to protect their interests in case of disagreement or disputes in the conduct of foreign economic activity. The complexity of conducting foreign economic activity is due to the fact that participants in international agreements often do not know the law of the country with whose counterparty they have to deal, including entrepreneurs may not be familiar with the law applicable in the country of the counterparty. Despite the existence of the International Rules for the Interpretation of Incoterms trade terms, the parties to an international transaction cannot decide on the main positions of the contract, which causes disputes that lead the parties to a foreign economic contract to resolve the dispute in court. It should be noted that the provisions of Incoterms apply if reference is made to it in a concluded international contract. Together with a reference to the application or non-application of Incoterms, the parties to a foreign economic contract, in order to further resolve any disputes that may arise, must decide on the applicable law. This is due to the fact that the law of countries parties to an international treaty often differs significantly from each other. The determination of the applicable law allows minimizing disputes regarding the issue of consideration of a court case, in case of failure to resolve difficult issues between the participants in an international transaction.
As a rule, litigation is resolved by:
- Settlement of disputed issues in negotiations between the parties to the transaction.
- Consideration of the case in the state court.
- Consideration of the case in the International Commercial Arbitration Court.
Dispute resolution through negotiations allows the parties to the transaction to minimize the additional costs of conducting a case in court, as well as reduce the time for resolving a dispute. If there is a so-called "arbitration agreement" under the terms of a foreign economic contract, the case is considered in the ICAC at the Chamber of Commerce and Industry of the Russian Federation, and in the absence of such an agreement, in a state court. As a rule, the ICAC considers cases:
- Purchase and sale of goods, provision of services.
- Investment activities.
- Cargo transportation.
- Loan agreements.
- And other types of foreign economic interaction between the parties to international treaties.
However, it should be noted that the conduct of a court case, as a rule, consists of the following stages:
- Studying the materials of the case and analysis of the disputable situation.
- Search for possible solutions, formation of a judicial position and strategy for conducting a case.
- Drawing up the necessary documents (claims, response to a claim, statement of claim or response to a claim, objections, business correspondence, etc.)
- Representation in a state court or in the ICAC.
- Consultations on the course of the case.
An important stage in the conduct of court cases is enforcement proceedings. The presence of the counterparty's assets in a foreign state complicates the process of enforcement proceedings. Especially if the property of the counterparty is located in an offshore zone. Even before signing a foreign economic transaction, it is necessary to find out the existence of an agreement on legal assistance between the states parties to an international transaction, which are counterparties.
At the same time, regardless of the chosen position, the task of a lawyer in foreign economic activity is to resolve the issue for the client with minimal financial and time costs. Expert approach and positive experience in doing business allows us to positively resolve disputes in the export and import of goods.
- Assessment of the prospects for litigation in the export and import cases
- Legal analysis of evidence in the export and import cases
- Litigation with the Federal Customs Service
- Legal representation in courts