Problems and Prospects of Recognition and Enforcement of Russian Anti-suit Injunctions in BRICS Member States

This article discusses the problems and prospects of recognizing and enforcing anti-suit injunctions issued in accordance with Article 248.2 of the Arbitration Procedure Code of the Russian Federation in BRICS member states. It has been revealed that the norms of this article have an extraterritorial feature since they extend their effect beyond the borders of the state in which the dispute is being considered. The author notes that the recognition and enforcement of Russian anti-suit injunctions can potentially be carried out by BRICS member states taking into account the broad interpretation of international treaties on legal assistance that do not contain a mandatory requirement on the finality of the judicial acts submitted. The author believes that the recognition and enforcement of anti-suit injunctions on the territory of BRICS member states may depend on the will of the requesting party and be declarative. The author suggests that international treaties on legal assistance concluded by the Russian Federation with BRICS member states explicitly provide for the possibility of mutual recognition and enforcement of injunctions. In addition, in the opinion of the author, it seems possible to mutually recognize and enforce such acts based on the principle of international comity that has developed in relations between the Russian Federation and other BRICS member states.