Database
The immunities of States and international organisations
This database contains the original national contributions bringing together information on The immunities of States and international organisations
Information on the contribution
- Member State
- Russian Federation
- Themes
- Type of document
- Jurisprudence
- Permanent link to the contribution
- http://www.cahdidatabases.coe.int/C/Immunities/Russian Federation/2001/479
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Russian Federation - Jurisprudence of 18/01/2001
Database of the CAHDI "The immunities of States and international organisations" - contribution of Russian Federation - Jurisprudence of 18/01/2001
Russian Company v. Embassy of State X
Author(ity)
High Arbitration Court of the Russian Federation
Date of the decision, of the judgment
18/01/2001
Points of law
A foreign Embassy concluded a building contract with a Russian company.The Russian company applied to the arbitration court claiming to take recourse upon debt for the works done.
The Embassy appealed to the High Arbitration Court stating that the contract was concluded not for commercial purposes and therefore the Embassy enjoyed immunities from the jurisdiction of Russian courts.
The High Arbitration Court recommended to the lower court to study if the Embassy had expressed its consent to the exercise of jurisdiction by Russian courts through concluding a contract. In case the Embassy had not consented to the exercise of jurisdiction, the High Arbitration Court recommended to apply Article 213 (1) of Arbitration Procedural Code of the Russian Federation and to stop the proceedings for the reasons of the immunity of a foreign state.
