header-logo header-logo

26 November 2020 / Daniel Burbeary , Irina Buydova
Issue: 7912 / Categories: Features , Profession , International justice , ADR
printer mail-detail

Multi-jurisdictional cases in England & Russia

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 beyond those identified by the claimants.

In Russian-style

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll