A DISPUTE WITH A CHINESE INSURER CAN BE CONSIDERED IN THE RUSSIAN FEDERATION

The plaintiff appealed to the court with the intention of collecting insurance compensation from the insurer. The buyer and the Chinese supplier signed a supply contract, according to which the latter undertook to conclude an insurance contract with the defendant. In the end, shortcomings were identified during the transfer of products, in connection with which a statement of claim was filed.

Three instances decided to return the statement of claim, indicating that there is a foreign element in this disputed legal relationship, since the permanent location of the defendant is located in China.

Thus, in order to correctly determine the jurisdiction to resolve disputes, the place of performance of the contract must be clearly spelled out in the text of such a document. Within the framework of this dispute, the insurance policy did not indicate the place of execution, while it was not possible to establish the existence of a close connection of disagreements with the territory of the Russian Federation, based on the circumstances of the case.

The courts concluded that the consideration of these disputed legal relations is beyond their competence.

However, the fact that most of the contractual obligations were to be fulfilled on the territory of Russia may be a confirmation of the close connection of the dispute with the territory of the Russian Federation. The subject of the dispute has the closest possible connection with the territory of Russia. The main evidence in the present case is also located on the territory of the Russian Federation. The law of the Russian Federation will apply to the contract. The registration of an individual who is entrusted with managerial functions in relation to a foreign organization on the territory of the Russian Federation was carried out on the territory of the Russian Federation. Commercial activity is aimed at persons located on the territory of the Russian Federation.

According to the applicant, there is evidence in the case file that the city of Novorossiysk is the place of performance of contractual obligations, including monetary obligations. The plaintiff provided the court with a contract and an insurance policy.

In addition, it was in Novorossiysk that damage to products was recorded.

Proceeding from this, the applicant notes, the supplier, by its actions, namely by concluding an insurance contract and determining Novorossiysk as a place of fulfillment of obligations, accepted the competence of Russian courts to consider disputed legal relations arising from the contract. Thus, the plaintiff believes, there is an obvious close connection with the territory of the Russian Federation in this dispute. The next hearing on this case will be held on 04.10.2023 (Determination of transfer from 04.09.2023 in case no.A32-57787/2022(308-ES23-10334).