What happens if a court discovers a jurisdiction agreement during a case
September 27, 2019

According to the general rule provided for by article 35 of the APC RF, a lawsuit is filed with the arbitration court of a constituent entity of the Russian Federation at the location or place of residence of the defendant.

At the same time, the territorial jurisdiction established by Article 35 of the APC RF can be changed by agreement of the parties.

In this case, the agreement on jurisdiction may be included in a civil contract from which a dispute arises, and may also be expressed in other documents emanating from both parties. This agreement must be unconditional, clear and not allow ambiguous interpretation.

Back in 2009, the Constitutional Court of the Russian Federation clarified that resolving a case with violation of the rules of jurisdiction does not comply with the requirement of fair justice, since a court not authorized to consider a particular case is not - in the sense of articles 46 (part 1) and 47 Part 1) of the Constitution of the Russian Federation and the corresponding generally recognized principles and norms of international law - by a legal court, and the judicial acts adopted as a result of such consideration do not provide guarantees of rights and freedoms in the field of justice.

Even if the contract from which the dispute arises is terminated, the agreement on territorial jurisdiction remains in effect even after the termination of the contract.

Therefore, the refusal to transfer the case on jurisdiction is an unconditional basis for the cancellation of the judicial acts adopted in the case.

The determination of the transfer of the case itself may be appealed to the arbitration court of appeal within 10 days from the date of its adoption. Prior to the expiration of this period, the arbitral tribunal does not refer the case to another court.

The appeal of the decision in the court of cassation is not provided by law: if the court's decision on the transfer of the case on jurisdiction is left in force by the court of appeal, the court to which the case is transferred, after its receipt begins the case on the merits.

An employee of the Law Office of the city of Moscow "ZASCHITA" proved the existence of an agreement on jurisdiction between the parties. The case was referred to the Arbitration Court of the Moscow Region at the location of the Principal. Interests of the claimant were represented by – E.V.Tovkan.

Elena Tovkan
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