RUDN Journal of Law (Dec 2023)
The standards of the foreign defendants notification in the economic disputes resolution
Abstract
Notification of a foreign defendant is of fundamental importance for the effective realization of the right to a fair trial. At the same time judicial practice identifies controversial issues concerning the assessment of such notification. In the new geopolitical conditions, the situation is complicated by the sanctions imposed by the states, thus reinforcing the relevance of the research. The purpose is to examine the standards of foreign defendants’ notification established in the Russian court practice, as well as to analyze the sanctions impact on the conventional notification mechanisms on the example of one of the high-profile cases. The authors rely on general scientific research methods (analysis and synthesis, induction and deduction, dialectical method) and special methods (formal legal, comparative legal). The article concludes that in the Russian court practice a different standard - the so-called standard of effective notification based on evidence of the actual awareness of the party about the foreign proceedings - is formed as a counterbalance to the strictly formal standard of notification. The authors note that the standard of effective notification, fulfilling its useful function, should not lead to unjustified refusal to follow the international conventions on foreign persons notification. These conventions retain their binding effect including exclusive situations where they should be applicable. The authors conclude that it is necessary to clarify both the conditions for effective notification standard application and the requirements for the effective notification standard. The sanctions have affected the application of notification mechanisms: Russian courts recognize a foreign court request to notify a Russian sanctioned person as contrary to public policy in a situation where an anti-suit injunction on a foreign proceeding was previously issued.
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