Adjudicative Jurisdiction in Civil and Commercial Matters in Russia: Analysis and Commentary†

A hundred and fifty years after the judicial reform by Tsar Alexander II, the Russian judicial system is undergoing yet another significant reorganization. In 2014, the Highest Arbitrazh (Commercial) Court was abolished and its functions and authority were transferred to the Supreme Court of the Russian Federation. The current rules of civil and arbitrazh procedure are under review, to be consolidated in the forthcoming unified Civil Procedural Code. This Article focuses on one aspect of the reform: the adjudicative jurisdiction of Russian courts. It critically analyzes the existing rules of jurisdiction, examines their historical predispositions, and offers suggestions for improvement in light of the impending reform. The topic of international jurisdiction appears particularly relevant, given recent international developments, such as the revision of the European Brussels I Regulation on Jurisdiction and the Recognition and Enforcement of Judgments, entry into force of the Hague Convention on Choice of Court Agreements, etc. The Russian judicial reform represents a unique opportunity to improve the country’s procedural fairness, which is significant both for Russian residents and international litigants. Thus, the Article seeks to inform the international audience on current developments in the field in Russia and aims to contribute to the English legal scholarship on private international law.