Foreign Law in Russian Court Practice

The contemporary practice of general and arbitration courts has seen a growth in the number of cases involving foreign persons. As a result, the above mentioned courts resort more and more frequently to the application of foreign law when, in the past, this was almost exclusively the prerogative of arbitration courts examining cases in the sphere of external economic cooperation. The article examines issues related to contemporary court practice in the application of foreign law. Within the context of the main theme, the author presents some general commentaries on international law, for example – points out the approaches to the determination of foreign law (“fact” or “right”), the specifics of application of foreign law as a “right”.

Yu.A. Timokhov

Source publication: International Private Law: Contemporary Practice [Mezhdunarodnoye chastnoye pravo: sovremennaya praktika]. M., 2000. pp.17-42