The Supreme Court of the Russian Federation returned the bankruptcy case of the Cypriot company Westwalk Projects to the Moscow City Arbitration Court, disagreeing with the conclusions of three instances that there were no grounds for considering the bankruptcy case of a foreign company in Russia.
Earlier in this case, the commercial courts refused to allow the plaintiff, also a foreign company - AMN Commercial Property Advisers Ltd (Cyprus), to hear the case in Russia under the pretext of the defendant being registered in a foreign jurisdiction, while pointing out the possible purpose of the claim filed in Russia - “bypassing legislative restrictions on territorial jurisdiction of the creditor and the debtor" (Case A40-248405/22-101-442).
Bringing back the case to the court of first instance, the Supreme Court rightly pointed to the provisions of Art. 247 of the Commercial Procedure Court of the Russian Federation on the competence of Russian courts to consider disputes involving foreign companies if there is a close connection of the disputed legal relationship with the territory of the Russian Federation.