Maxim Kulkov took a part in the ABA’s Eighth Annual Conference on the Resolution of CIS-Related Business Disputes

At September, 30 Maxim Kulkov took a part in the ABA’s Eighth Annual Conference on the Resolution of CIS-Related Business Disputes, and acted as moderator of the fifth session, during which will be discussed international judicial assistance.

International judicial assistance – aid rendered by one nation or its courts to another nation or its courts in support of judicial proceedings in the nation or court requesting assistance – is critical in litigating cross-border business disputes. While Russia is party to an extensive network of bilateral treaties providing for judicial cooperation with Cyprus, Italy, Poland and countries in the CIS, among others, judicial assistance in matters involving certain other jurisdictions is more problematic.

For instance, Russia declared in 2003 that “legal assistance between Russia and the U.S. in this field has to all intents and purposes been ‘put on ice’” as a result of a dispute regarding fees charged by the U.S. for service pursuant to the Hague Service Convention. Controversies regarding service of process in Russia have also arisen in English courts, as in the recent case of Sloutsker v Romanova. And although Russia has acceded to the Hague Evidence Convention, it has not yet designated a central authority to process incoming requests.

This session will address practical workarounds for navigating the many potential traps that can arise in connection with both inbound and outbound requests for international judicial assistance in matters involving Russian parties.