“Foreign claims against Russia” — Ksenia Komkova’s comment for the Legal Information Agency
Foreign courts can consider civil disputes against Russians and Russian companies, even if they have never been abroad and do not conduct foreign trade. It is not always possible to defend against such claims while you in Russia, due to the vagueness of many legal norms.
Ksenia Komkova, senior associate of Department of international projects of «Prime Advice»:
In a foreign court to the Russians may be brought, in particular, the so-called tort claims – for damages due to injury to health, property or reputation. For example, a Russian citizen went to Germany for a football match and in a brawl broke the hand of a fan, for example, the French team. Or on the Russian website were posted false statements in English, discrediting the business reputation of the British company. Taking into account the growth of international tourism and the development of information technology, the probability of such claims is quite high.
As a rule, tort claims are considered by the judicial authorities of those states in the territory of which harmful actions were committed or their adverse consequences occurred. The law of a number of countries gives the plaintiff, as an injured party, the right to choose the jurisdiction of dispute resolution if the defendant's wrongful conduct took place in one country and the negative result occurred in another.
In foreign practice, various criteria for determining jurisdiction for cross-border torts committed using the internet have been developed. In some states, courts have questioned whether the malicious activities of the website owner have been directed to the territory of the country concerned. In others – explore how high the probability of active interaction of residents of their country with information posted on a foreign resource. With the change in general ideas about the potential danger of activities on the Internet, the approaches of the servants of Themis to this issue around the world continue to change.