Peculiarities of court hearing of economic cases involving foreign element

Abstract

The article addresses Ukrainian legislation that governs hearing economic cases with a foreign element. Relevant statutes in the realm have been analyzed. The algorithm for determining the applicable legislation is investigated. The main drawbacks of the laws in force are spotlighted and the ways for further improvement are envisaged. The author identifies the main risks business entities can encounter when a case involving foreign element is litigated. The grounds for consideration by commercial courts of Ukraine of cases with a foreign element are investigated.

The author notices that the case law on these issues is inconsistent. Among the vexed questions related to the category of economic cases at hand, the following deserve special attention: determination of jurisdiction of the case; determination of the applicable law; features of proof; recognition and enforcement of court decisions abroad. The author concludes that the choice of a foreign court or law should be conscious and clearly motivated, as this is very important for judicial protection.

The attention is focused on the complicated interaction between international and national law when economic dispute involving foreign element is considered by the court. The modern tendencies of judicial practice in this sphere are discovered. The typical procedural errors of the parties to a dispute are summarized and the problems of law enforcement are covered. The author analyses effective legal methods for considering a dispute on the basis of Ukraine legislation.

The article contains recommendations for courts on learning the content and interpretation of foreign law for the purpose of its application in cases involving foreign element. The application of the institute of contractual jurisdiction in commercial cases with a foreign element is investigated. The author provides practical recommendations to business entities in order to effectively protect their rights in court. The author concluded that litigants should take an active part in the process of clarifying the content of foreign law.