International Law - rubric International civil law/private law
International Law
Journal Menu
> Issues > Rubrics > About journal > Authors > About the Journal > Requirements for publication > Editorial collegium > Peer-review process > Policy of publication. Aims & Scope. > Article retraction > Ethics > Online First Pre-Publication > Copyright & Licensing Policy > Digital archiving policy > Open Access Policy > Article Processing Charge > Article Identification Policy > Plagiarism check policy
Journals in science databases
About the Journal

MAIN PAGE > Journal "International Law" > Rubric "International civil law/private law"
International civil law/private law
Erpyleva N.Y. - International commercial arbitration: institutional bases for its functioning. pp. 1-74


Abstract: This article is devoted to the complex topical issues regarding functioning of the international commercial arbitration. The combination of legal norms regulating organization and functioning of international commercial arbitration forms international arbitration procedural law, which is a branch of international procedural law, and a sub-branch of the international private law.  In this article the international commercial arbitration is understood as a court of private arbitration, whether permanent or formed for ruling on a specific case, the main goal of which is to hear and resolve international commercial dispute in a certain procedural form by  making a decision, which is binding to the parties. The article contained detailed analysis of definition, legal nature, competence and types of international commercial arbitration, definition, types and conditions for the validity of international arbitraton clauses, the procedure for recognition and enforcement of foreighn arbitral decisions. The scientific analysis is made with the reference to various normative legal sources, including national legislation and international treaties.    
Grigor'eva O.G. - Implementation and protection of family rights in the framework of international legal cooperation: history and ways of modernization pp. 1-9


Abstract: The author examines the Soviet and modern legal experience of the international cooperation in family matters; establishment and development of family law that regulates relations complicated by a foreign element, as well as formation of the international legal framework for such cooperation. The article provides the unique archive materials from the Archive of Foreign Policy of the Ministry of Foreign Affairs of Russia, which demonstrate the status of the law enforcements practice in the examined area. The work describes the continuity by the modern Russian legislator of the established over the Soviet period traditions of international cooperation in family matters.  The author suggest the ways for improving the existing family law in the aspect of international legal assistance. In particularly, the following proposals are made on introduction of the amendments to the Family Code of the Russian Federation: Federal Law “On Acts of Civil Status” and Federal Law “On Custody and Guardianship” that pertain to realization of the mechanisms of international legal assistance on family affairs.
Pravdina A.A. - Phenomenon of delocalization of international commercial arbitration pp. 7-18


Abstract: The article discusses the phenomenon of delocalization of international commercial arbitration, its correlation with national law and order. The author analyzes various concepts of the idea of international commercial arbitration, the degree of autonomy of international arbitration, in particular the subject of analysis covers such issues as interference of national courts in the arbitration process, recognition of foreign arbitral awards and arbitrability of international commercial disputes. Special attention is paid to the study of the legal nature of international commercial arbitration as a specific form of justice. As methods of research, a comparative legal method, an analytical method, and a method of logical generalizations are used. With the help of these methods, the author formulates the definition of delocalization, which refers to the formation of a transnational legal regime that is not bound by national legal orders, but formed on their basis, the tendency to an absolutely independent autonomous regime. Thus, despite the fact that the independent nature of international commercial arbitration lies in its nature, along with the principle of autonomy of the will of the parties and contractual nature, arbitration cannot be completely independent of national legal orders, since they are the basis of its origin.
Nikitin V. - Membership in the self-regulatory organizations as a factor of legal capacity pp. 10-18


Abstract: The focus of this research is the legal capacity of organizations that is defined in accordance with the various proper laws in the context of requirements to the membership in self-regulatory organizations (SRO). The amendments introduced into the Article 40 of the Civil Code of the Russian Federation within the framework of reform of the general part of the Civil Code, have established that the membership in SRO (admission to SRO) is henceforth a part of the capacity of legal entity. At the same time, the legal capacity of legal entities of foreign descent can be determined on the basis of their proper law in accordance with the Article 1202 of the Civil Code of the Russian Federation. The article resolves the question in which way it correlates with each other. The scientific novelty of this work consists in proposing of the solution to the problem of interconnection of the Articles 49 and 1202 of the Civil Code of the Russian Federation. Limitations associated with the membership in SRO along with the licensed limitations, are derived from the content of legal capacity of the legal entity, as well as viewed as the elements of public regulation of the entrepreneurial relations. In this case, they go beyond the reach of the foreign proper law and must submit to the administrative public regulation of their activity in the territory of Russian Federation.
Trinchenko K.O. - International adoption: lex adoptio and the plurality of connecting factors pp. 10-21


Abstract: This article analyzes the substantive law and conflict of laws law of such countries as Austria, Venezuela, Germany, Dominican Republic, Iceland, Spain, Canada (Quebec), Norway, Poland, Portugal, Switzerland, as well as bilateral agreements on legal aid, case law of the European Court of Human Rights, which demonstrates the presence general principles of law, as well as the principle of protecting the weaker party to the legal relationship, the principle of observance of best interests of a child established by the universal multilateral international agreements: Convention on Human Rights of 1950, Convention on the Rights of the Child of 1989, Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. The author examines the relevant issues of the conflict of laws regarding the manifestation of the conflict of jurisdictions, plurality of connecting factors in regulation of a set of private law relations associated with international adoption. The result of the conducted research consists in formulation of a special statute of adoption (lex adoptio), analysis of its legal nature and scope. In the context of examination of the procedure for establishing international adoption, the author identifies the problem of dépeçage (different issues within a single case are governed by the laws of different jurisdictions). A classification is provided to the combinations of plurality of connecting factors established by the legislation of foreign countries, as well as multilateral international agreement – the Inter-American Convention on Conflict of Laws Concerning the Adoption of Minors of 1984).
Erpyleva N.Y. - International civil procedural law: definition, object and system. pp. 16-160


Abstract: This article concerns definition, principles, object and system of the main institutions of the international civil procedural law, as an important branch of the international procedural law together with the international arbitration procedural law. International procedural law is a branch of international private law, including both norms of national legislations and international treaties concerning procedural relations with a foreign element, namely, international procedural relations (in other words, trans-border procedural relations). The author singles out seven principles of international civil procedural law. The object of international civil procedural law is formed with the procedural relations regarding proceedings on international commercial disputes in state courts of various states. The main elements of international civil process, which are analyzed in great detail from the standpoints of national legislations and international treaties (both bilateral and multilateral), are judicial competence on international commercial disputes, use of injunctive measures, recognition and enforcement of foreign judicial decisions.
Shchekina E. - On certain peculiarities of the notion circumvention of law in the private international law of Germany pp. 19-27


Abstract: The subject of this article is the problem of the circumvention of law in the private international law of Germany. The author analyzes the positions of some contemporary German researchers pertaining to the question of circumvention of law and the criteria for its determination, as well as court decisions on this matter. The author raises a question on correlation between the circumvention of law and choice of law applicable to legal relation, as well as examines this problem in the context of the notion of autonomy of the parties. The separate groups of legal relations, for which according to the German judicial practice is characteristic the problem of circumvention of law, are being highlighted. The author’s main contribution into the development of the examined topic consists in the study of the position of certain German authors, who have not previously been covered in the Russian literature. During the course of this research, the author described the fundamental principles that serve as a guidelines for the German courts in dispute resolution with the presence of foreign component with regards to the question of circumvention of law.
Belikova K.M., Akhmadova M.A. - Legal characteristic of the concept of investor and its relation to the forms of implementation of Chinas investment activity pp. 20-34


Abstract: The subject of this research is the concept of “investor” and its relation to the forms of implementation of investment activity, and certain forms of capital investment (foreign capital companies, subsidiaries of foreign companies, FIPE) allowable in China’s legislation. The authors perform their legal analysis, underlining the benefits and burdens of each of the indicated forms of implementation of investment activity. Particular attention is given to the legal regime of their activity; emphasis is made on their specificity from the perspective of current standing, as well as the 2015 Draft Foreign Investment Law of the People's Republic of China. The scientific novelty lies in consideration of the forms of disposal of investments in relation to the concept of “investor”. A conclusion is made that with account of the national specificity, the basic legal conditions for attracting foreign investments to China differ from the traditional and used in practice by other countries in regard that the legal regime of foreign investments as such is not actually determined in China, because the activity of foreign investors mostly concentrates on possibility of establishment of partnerships, foreign capital companies, and others. At the same time, the investors can count on such traditional mechanisms as tax breaks in terms of constant improvements of the acting legislation, etc.
Pleshakova N.S. - Legal aspects of cross-border trades with the off-exchange underlying financial instruments (derivatives) pp. 31-44


Abstract: This article is dedicated to examination of the problems of choice of the applied law and jurisdiction in cross-border trades with the underlying financial instruments (derivatives), as well as issues of the parallel court and arbitration proceedings. The author analyzes the possible cases of emergence of the conflict of laws and jurisdictions that regulate the cross-border trades with derivatives, as well as indicated the ways for their resolution. The work also reviews the questions that occur from the demands raised by the regulators of various countries towards the order of conducting transaction with underlying financial instruments (derivatives) on the off-exchange market. The author analyzes the process of execution of contractual agreements between the actors of off-exchange trades with derivatives. Relevance of this topic is substantiated by the growing volume of trades with the underlying financial instruments in the international financial markets, as well as lack of due attention to the question of legal regulation of the derivative market; it is illustrated by the events of world economic crisis of 2008, as well as the emerged consequences for economy of the states and their legal systems that guarantee the rights and legitimate interests of the investors.
Nikitin V. - The concept of foreign construction organization pp. 35-43


Abstract: The object of this research is the category of “foreign construction organization as a subject of entrepreneurial activity in the Russian Federation”, which the author understands in a broader sense that a foreign legal entity that possesses special legal capacity in the territory of the Russian Federation. Foreign construction organization is viewed from the perspective of entrepreneurial law as a foreign actor in the Russian legal framework. The subject of this research is the acting in this regard legal regulators and doctrinal formulations. The article analyzed the developed by the science of private international law category of personal law of the legal entity, legal capacity of the foreign entity, and approaches to their interrelation. The author determines the two legally significant attributes of the foreign construction organization – subordination to the foreign personal law, realization of core business in accordance with the requirements of the Russian legislation); and based on that formulates the conceptual definition of the indicated subject. In addition, the author highlights the two conditions that allow viewing de facto of the subject of entrepreneurship as foreign construction organization (presence of foreign control over the operational activity and reliance on the foreign technical regulation), as well as stipulates their interrelation with the legal conditions of implementation of activities in the territory of the Russian Federation.
Kurochkina E.M. - Legal Problems of Enforcement of Foreign Arbitral Awards set aside at the Place of Arbitration pp. 40-49



Abstract: The Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 (the 1958 New York Convention) allows recognition and enforcement of arbitral awards in most countries of the world. Court practice of the states has revealed some problems of application of the 1958 New York Convention. One of such problems is recognition and enforcement of the arbitration award cancelled by the state court in the place where it was made. In the process of research of legal consequences of execution of annulled arbitral awards both general scientific methods of knowledge (analysis and synthesis, induction and deduction, generalization) and special scientific methods (formal-logical, formal-legal and method of legal prediction) were used. The scientific novelty of this work is the rationale that the recognition and enforcement of annulled arbitral awards lead to negative consequences. Enforcement of arbitral awards annulled at the place of their rendering undermines the status of such institution as arbitral dispute resolution and the whole system of acts aimed at regulating the activity of arbitration. Execution of such decisions leads to a violation of the principles of legal certainty, lis pendens, res judicata, pacta sunt servanda, and most importantly - violates the rights of participants in arbitral proceedings. It is noted that attempts are being made to amend the mechanism of recognition and enforcement of arbitral awards, established by the 1958 New York Convention, with regard to the enforcement of annulled arbitral awards. It is proposed to make such changes through the adoption of an additional protocol to the 1958 New York Convention or a new international treaty.
Belikova K.M., Muthanna A.Y. - Legal regulation of the work of the international commercial arbitration on Jordans legislation pp. 47-59


Abstract: This article makes an attempt of cover the approaches of a Jordan legislator towards the question of legal regulation of the work of the international commercial arbitration, as well as examines its key aspects. Attention is given to the procedure of disputes consideration by the international commercial arbitration from the perspective of selection and qualification of arbitrators, language of proceedings, list of requirements to the provided by the involved parties to each other and arbitration evidence, including documents. The authors review the stage of rendering a decision by arbitrators, considering the requirements to a decision and possibility to appeal that decision. The scientific novelty lies in examination of the arbitration proceeding in Jordan, which has not been previously a subject of research, and thus enriches the Russian science with new data and information, introducing it to the scientific discourse. A conclusion is made that the international commercial arbitration is an effective instrument for consideration of the international commercial disputes, which is most often used by the partied of various legal systems as a mechanism of rapid and efficient decision-making.
Belozertseva V.V. - Some elements of the legal personality of an individual in private international law pp. 49-57



Abstract: This article is devoted to the study of the elements of the legal personality of an individual in private international law, the problems and features of conflict of laws regulation are identified and its characteristics in Russian private international law are given. The conducted research made it possible to identify a number of problems of conflict regulation, in particular, the use of different terminology in states regarding the same legal phenomenon, different understanding, interpretation and qualification of concepts. Such problems are inevitable due to the existence of different legal systems. It is possible to overcome this with the help of conflict-of-laws regulation, however, it does not solve all the issues and discrepancies that arise. The conflict of laws regulation of the legal personality of individuals differs in the following characteristic features: the legal personality of an individual is determined by his personal law; there are two rules of personal law the law of citizenship and the law of residence, the law of citizenship is applied as a general rule, the law of residence regulates the legal personality of those persons in respect of whom it is difficult to find out with a certain degree of certainty the legal connection with the state on the basis of citizenship; when determining the procedure and grounds for limiting legal capacity recognizing a citizen as unfit or incapacitated, Russian law is applied, i.e. the legislator uses unilateral conflict of laws rules.
Isai S.S. - Manifest Disregard of Law Doctrine as the grounds for cancellation of arbitration decisions FINRA (United States) pp. 50-59


Abstract: This article explores the process of emergence and practical implementation of the “Manifest Disregard of Law” Doctrine as the grounds for cancellation of arbitration decisions rendered in accordance the rules of Financial Industry Regulatory Authority of the United States (FINRA). The content of the doctrine is formulated by the Supreme Court of the United States. De jure, it is not one of the bases for cancellation of arbitration decisions stipulated by the Sector 10 of the Federal Arbitration Act of 1925; de facto, this doctrine constitutes a new independent basis for such cancellation. The scientific novelty consists in the fact that the “Manifest Disregard of Law” Doctrine has not been examined within the Russian legal science, excluding the instances of brief mentions. The conclusions is made the revelation of facts of the “manifest disregard of law” by the arbitrators does represent independent grounds for cancellation of arbitration decision along with other grounds established by the Federal Arbitration Act of 1925. At the same time, practical application of such grounds by the state courts is associated with the need for compliance with the existing limits of the procedural freedom of arbitrators.
Asadov R.B. - Definition of the notion of foreign trade agreement: convergent approach pp. 54-65


Abstract: This article examines the questions of definition of the notions “international contract” and “foreign trade agreement”. Despite the multiple attempts at convergence of the norms of Russian legislation and the norms of international law in the area of foreign trade, as well as their subsequent systematization, the question of proper interpretation of international contracts and determination of the “foreign” character of such contracts remains open, and provokes many disputes among theoreticians and practitioners. A special attention is given to the practice of international commercial arbitration in the Russian Federation, based on the criterion “place of business”. The key moment in the definition of the “foreign” nature of this type pf contracts will be the geographical location of the companies (place of business). There is no legal definition for “place of business”, yet the wide use of this notion in the practice of signing foreign trade agreements creates the need of its precise regulation at the legislative level. In this case, the special attention needs to be focused on the practice of the International Commercial Arbitration Court for Russian Chamber of Commerce, which characterizes the “place of business” as organizations located in different countries that are participants of the Vienna Convention of 1980.
Butakova Y.S. - The peculiarities of English civil procedure pp. 54-69


Abstract: Each year in Russia, hundreds of thousands of agreements are concluded under the jurisdiction of English law, more precisely the law of England and Wales. Hundreds of transactions are structured in accordance with English law, and thousands of prenuptial agreements are concluded in compliance with English law. What is the reason for such high demand for English law? Is English justice better than Russian – most humane and fair in the world? The aforementioned questions are the subject of this research. The goal is to examine the peculiarities and stages of the English legal procedure, determine its strong sides, as well assess the possibility of their implementation into the Russian procedural realities. The relevance of the selected topic is substantiated by its novelty and insufficient study in the Russian scientific environment (the period from 2008 to the present marks virtually no research dedicated to English legal procedure. Research methodology consists of the theoretical methods, namely the analysis of primary sources of English court rulings, as well as theoretical explorations of a number of English and American authors. The conclusion is made on possibility and desirability of implementation of the experience of English justice into the Russian legal procedure in regard to circumventing the rule of prejudice, abuse of right while filing an appellate complaint, and violations of the arbitration clause by the parties.
Pavlova O.A. - "Judicial Convention": Issues of Jurisdiction pp. 70-82



Abstract: Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Cases of July 2, 2019 (The 2019 Convention) offered us the option of universal regulation of recognition and authorization of execution of a foreign judgment. However, is he that good? The aim of the work is to identify the advantages and disadvantages of the new universal legal regulation in relation to the issue of jurisdiction. The author analyzes the approaches used in the national legislation of various states to consolidate the rules of international jurisdiction for the purposes of recognition of foreign judicial decisions. General scientific and special methods of cognition, including formal-logical and comparative-legal, were used as research methods. The article demonstrates the dependence of the legal consequences of accession to the 2019 Convention on the approach implemented in national legislation to the regulation of indirect international jurisdiction, as well as on the ratio of the scope of competence of national courts according to national legislation and the jurisdictional filters established in the 2019 Convention. The conclusion is substantiated that the conclusion of the 2019 Convention on the proposed conditions on indirect international jurisdiction does not meet the interests of the Russian Federation. As a measure to increase the competitiveness of the jurisdiction of the Russian Federation, it is proposed to introduce into national legislation legal norms on indirect jurisdiction that consolidate the recognized competence of foreign courts in an amount not exceeding that which defines the competence of national courts to consider cases with a foreign element.
Kurochkina E.M. - Legal Regulation of Cross-Border Movement of Arbitral Awards pp. 72-79



Abstract: Enforcement of arbitral awards in foreign countries is carried out on the basis of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 (the 1958 New York Convention). Provisions of the New-York Convention of 1958 are rather laconic and some of them cause difficulties in enforcement. Such a provision is subparagraph (e) of Article 1 of the 1958 New York Convention. of paragraph 1 of article V, which provides for the possibility to execute an arbitral award annulled at the place where it was rendered. Similar norms are provided for in the Russian legislation. Using general scientific methods of knowledge (analysis and synthesis, induction and deduction, generalization) and special scientific methods (formal-logical, formal-legal and method of legal forecasting) the analysis of execution of annulled arbitral awards in foreign countries was carried out. Scientific novelty of the present research consists in substantiation of the fact that the arbitral award and the acts adopted in respect of this award form a single totality, each element of which should be taken into account in the enforcement of the arbitral award. It is found that the enforcement of the annulled arbitral awards is contrary to the purpose of the 1958 New York Convention and the logic of its provisions. The enforcement of such decisions also violates the rights and interests of the parties to the arbitral proceedings. It is proposed to amend the current legal regulation and to provide for a clear provision prescribing the refusal to recognize and enforce a foreign arbitral award that has been set aside by a State court in the place where it was made.
Voronkov N.S. - Discharge of tortious liabilities: monetary aspect pp. 78-84


Abstract: This article analyzes the peculiarities of discharge of tortious liabilities, complicated by foreign element, from the perspective of applicable under such obligations currency. The author examines the existing within the legislation of various countries approaches towards the correlation between the applicable law and obligation currency. At the present stage, it seems possible to acknowledge the absence of unity of opinions within the legal science and legislation pertaining to such problematic. At the same time, the full protection of rights of the parties affected by the transboundary tortious relations is impossible without resolving the indicated issues. Within the framework of the conducted research, the author formulates the following key conclusions: firstly, notes the dissimilarities in the nature of applicable law and currency, as well as necessity of separate determination of the currency of discharging the tortious liabilities; secondly, points at purposefulness of introducing the legislative norm that contains the disputable presumption about the application of currency of the country of main residence of a compliant, considering the restorative justice orientation of the tortious liabilities. Simultaneously, the author suggests providing opportunity to the affected party to dispute presumption, proving the violation of rights and legitimate interests of a compliant by such choice of currency.
Petrusha A.A. - When concluding an international contract for the sale of goods between Russian and English or American companies, Anglo-American law may be chosen as applicable to the contract. The general direction of the legal regulation of warranty relations (guarantee of the legal purity of the ownership of the goods sold, guarantee of the quality of the goods) in the purchase and sale transaction under Anglo-American law has no fundamental differences compared to the Russian legal order. The differences mainly come down to a more detailed elaboration of the regulation of these relations, as well as to the approach of regulating the seller's liability for breach of guarantees under Anglo-American law. The purpose of this article is to study the regulation of guarantees in a purchase and sale transaction in relation to the goods being sold under the law of England and the USA, as well as to identify features that it is recommended to pay special attention to the Russian counterparty when concluding an international contract for the sale of goods under the law of England or the USA. pp. 161-188


Abstract: Guarantees in a purchase and sale transaction under Anglo-American law
Other our sites:
Official Website of NOTA BENE / Aurora Group s.r.o.