Case: No Place in London for a Russian-Chinese Dispute

Sanctions realities continue to transform international litigation. In one recent case, the practice of legal repatriation—the forced transfer of court disputes from abroad to Russian jurisdiction—took an unexpected turn.

A Chinese company, seeking to recover a debt from a Russian company, filed a claim not in the UK, as stipulated by the arbitration clause in their contract, but in Russia. The Russian company actively resisted this, insisting that the arbitration clause remained in effect and that Russian courts had no jurisdiction to hear the case. "This is an illustrative example of a foreign party deliberately preferring Russian jurisdiction, even when a valid arbitration clause is in place. The Chinese company likely determined that, all else being equal, a Russian court would allow it to achieve the same result but at significantly lower cost—both in terms of time and money," says Igor Gorokhov, Managing Lawyer of the Litigation Practice at CLS. For more details on the reasons behind this procedural maneuver, read Igor Gorokhov's latest commentary for Interfax.


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