Antisanction Process: Courts Jurisdiction, Presumptions, Anti-Suit Injunction and Exequatur

Abstract

The article examines antisanction process as set of procedural instruments, designed to ensure minimal standards of justice for sanctioned persons. This combination of antisanction measures encompasses the specific competence of national economical courts, legal presumptions, anti-suit injunction and special rules governing the exequatur of foreign jurisdictional acts in the context of sanctions. The antisanction competence of Russian courts combines objective arbitrability and mixed international court jurisdiction, ensuring the balance between optionality and access of justice. The political presumptions of access to justice obstacles and bias of arbitrator are developed in the sphere of sanctions. An anti-suit injunction is a judicial act, issued at the conclusion of anti-suit proceedings. It prohibits foreign plaintiff from participating in future or ongoing foreign court proceedings or international arbitration. In the field of recognition and enforcement of foreign jurisdictional acts, a refusal of exequatur is permissible if the foreign act violates anti-suit injunction. Finally, the antisanction process ensures access to justice for both Russian and foreign sanctioned persons enabling them to effectively vindicate their legal interests.