header-logo header-logo

Multi-jurisdictional cases in England & Russia

26 November 2020 / Daniel Burbeary , Irina Buydova
Issue: 7912 / Categories: Features , Profession , International justice , ADR
printer mail-detail
32878
Daniel Burbeary & Irina Buydova highlight the differences between Russian and English dispute resolution
  • Differences exist between Russian and English court and arbitration proceedings in terms of the role of the judge, evidence and use of experts.

Many of the international, cross-border litigation and arbitration cases that find their way to England concern Russia. Particular challenges may arise due to the conceptual differences between dispute resolution processes in the two jurisdictions. While England is a common law jurisdiction, with an adversarial system, Russia is a civil law jurisdiction, with an inquisitorial system.

In English-style proceedings, parties compete with each other to convince the impartial judge or arbitrator that their case is more meritorious than their opponent’s. The parties are given a good deal of freedom (within the confines of the procedural rules) as to how to present their case, and a judge or arbitrator will not generally enquire beyond the facts presented by the parties and will not look to identify legal causes of action

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

Maria Karaiskos KC, recently appointed as the first female head of Church Court Chambers, discusses breaking down barriers, the lure of the courtroom, and the power of storytelling

Kingsley Napley—Jenny Higgins

Kingsley Napley—Jenny Higgins

Legal director joins regulatory practice to lead offering for actuarial sector

Bolt Burdon Kemp—Alan Collins & Danielle Vincent

Bolt Burdon Kemp—Alan Collins & Danielle Vincent

Bolt Burdon Kemp acquires Hugh James’ abuse team

NEWS
Writing in NLJ this week, Kelvin Rutledge KC of Cornerstone Barristers and Genevieve Screeche-Powell of Field Court Chambers examine the Court of Appeal’s rejection of a discrimination challenge to Tower Hamlets’ housing database
Michael Zander KC, Emeritus Professor at LSE, tracks the turbulent passage of the Terminally Ill Adults (End of Life) Bill through the House of Lords in this week's issue of NLJ. Two marathon debates drew contributions from nearly 200 peers, split between support, opposition and conditional approval
Alistair Mills of Landmark Chambers reflects on the Human Rights Act 1998 a quarter-century after it came into force, in this week's issue of NLJ
In his latest Civil Way column for NLJ, Stephen Gold surveys a raft of procedural changes and quirky disputes shaping civil practice. His message is clear: civil practitioners must brace for continual tweaks, unexpected contentions and rising costs in everyday litigation
Barbara Mills KC, chair of the Bar 2025 and joint head of chambers at 4PB, sets out in this week's NLJ how the profession will respond to Baroness Harriet Harman KC’s review into bullying, harassment and sexual misconduct at the Bar
back-to-top-scroll