Improvement of the Civil Code of the Russian Federation and Its Impact on Arbitration Practice - Chapter 39 - Between East and West: Essays in Honour of Ulf Franke
Nina Grigorievna Vilkova is an Emerita Lawyer of the Russian Federation; Doctor of Juridical Sciences; Professor, Russian Academy of Foreign Trade; Member, ICC Court of Arbitration; and Arbitrator, ICAC, Russian Federation Chamber of Commerce.
Originally from Between East and West: Essays in Honour of Ulf Franke
When resolving disputes arising from international commercial contracts, arbitrators apply not only international conventions, like the CISG, but also national law.
When applying Russian law, compliance of civil legislation with modern standards of legal regulation is of great importance. The First Russian Civil Code, passed in 1922, provided a legislative basis for the emerging free market under the New Economic Policy of the early 1920s. The Second Russian Civil Code was based on Fundamental Principles which were the same for all Soviet Republics. For the first time in Russian history, this code provided for party autonomy in choosing the applicable law in foreign transactions made with foreign firms.
In the period 1964–1994, several parts of the Third Russian Civil code were passed. The first part, adopted in 1994, covers general principles of civil law, property, business organizations, and general principles of contractual obligations. The second part, passed in 1995, covers 26 specific types of contracts, liability for causing harm, and unjust enrichment. The third part, adopted in 2001, covers inheritance law and private international law. For the first time in Russian history, the Civil Code contains detailed rules of PIL covering, among others, many questions concerning the law applicable to international contracts and ascertainment of the content of foreign law. The fourth part, passed in 2006, deals with intellectual and industrial property, especially with contracts of transfer technology. In accordance with the Constitution, civil legislation falls within the jurisdiction of the Russian Federation. Therefore, the Civil Code is in force within the whole territory of the Russian Federation in all members of the Federation.