Foreign law in court practice

Due to the expansion of trade, economic, scientific, technical and cultural cooperation, there is a current growth in the number of legal disputes involving foreign entities coming before general jurisdiction and arbitration courts and arbitration tribunals. This trend, which is obvious both in Russia and foreign states, gives rise to a number of complex problems concerning the application of foreign law in court practice and determination of its content.
In his study of such problems, the author analyzes acting Russian and foreign legislation, international agreements, and also those aspects of private international law that concern the application of conflict norms in general and determination of the content of foreign law in particular. The work also examines such questions as the distribution of responsibilities regarding the determination of the content of foreign law between the court and the parties to a case, the means of such determination, the role of higher courts in the process of the application of foreign law et al. The approaches to qualification of foreign law (“fact” or “law”) are assembled and analyzed, the author presents a comparative review of foreign legislation on the subject under discussion. The analyses and conclusions contained in the monograph are comprehensively illustrated by examples derived from court practice.

Yu.A. Timokhov

Source publication: М., Wolters Kluwer, 2004. – 176 p.