CIVIL LAW AND CIVIL PROCEDURE

Applicability of English Law in the Practice of Russian Arbitration Courts

Abstract

The article analyzes key issues related to the application of English law by Russian arbitration courts. The author shows rare cases when the parties to the contract chose English law as the applicable law. It is noted that when considering a claim based on a contract falling under English law, the Russian court applies the provisions of English law on the limitation period, which is fully consistent with the global trend, taking into account practical considerations and the fact that limitation period issues arise in specific civil legal relations. Based on the study, it is concluded that the issues of the application of English law in the jurisdiction of Russian courts, often raised in legal literature, concern various ways of establishing the content of foreign law and the need for analytical reviews of judicial practice and recommendations of cassation instances and the Supreme Court of the Russian Federation is shown.