๐๐ฎ๐ฌ๐ฌ๐ข๐๐ง ๐๐จ๐ฎ๐ซ๐ญ๐ฌ ๐๐จ๐ฎ๐๐ญ ๐๐ ๐๐ง๐ญ๐๐ซ๐ง๐๐ญ๐ข๐จ๐ง๐๐ฅ ๐๐๐ฐ ๐๐๐ง ๐๐ซ๐๐ฏ๐๐ข๐ฅ
While one arbitrazh cassation court ruled that an international treatyโthe CIS Agreement of March 20, 1992โprevails over domestic procedural law (Case No. ะ56-6573/2025), another cassation court reached the opposite conclusion.
In Case No. ะ41-51293/2024, the cassation court held that the domestic rule on the exclusive jurisdiction of Russian courts prevails over the CIS Treaty. As a result, a sanctioned company avoided a dispute resolution clause in favor of a court of the Republic of Kazakhstan ๐ฐ๐ฟ . #Kazakhstan
P.S. There are 10 arbitrazh cassation (district) courts in Russia ๐ท๐บ , so case-law practices may vary across jurisdictions.
ProArbitration.Ru
Post #109
89
ProArbitration.Ru ๐ท๐บ๐ฐ๐ฟ The 10th Arbitrazh Court of Appeal disregarded a litigation clause in favor of a Kazakh court, as the sanctioned Russian company faced obstacles in accessing justiceโspecifically, its inability to pay legal fees and obtain legal assistance. As a resultโฆ