On 25 November 2021, the new draft bill was registered in the State Duma providing for the extension of the exclusive competence of Russian arbitrazh (commercial) courts. Among the initiators of the bill was Andrey Lugovoy.
The essence of amendments
The future amendments will provide the right for Russian persons to file a lawsuit against a foreign person who directly or indirectly contributed to the adoption of restrictive measures. Such a contribution may take the following forms:
- Providing financial or other support to the initiators of the restrictive measures
- Receiving unjustified preferences as a result of the restrictive measures
- Improperly performing an obligation/refusing to cooperate in connection with the introduction of the restrictive measures
According to the Explanatory Note to the draft bill, the impossibility of effective judicial protection abroad for persons against whom restrictive measures are imposed must be presumed.
The aim of the amendments
According to the authors of the initiative, the purpose of the draft bill is to ensure that Russian persons have the means of judicial remedy against any negative consequences of the introduction of restrictive measures.
