Courts Resolve On International Jurisdiction, Option To Litigate, Foreign Element, And Success Fee

Azerbaijani civil procedure has long been recognizing international jurisdiction of Azerbaijani courts. Additionally, substantive civil law recognizes the concept of a foreign element entitling a matter to be addressed under a non-Azerbaijani law. Resolution No. 15/2023, dated 14 December 2023, On Practices of Applying Law in Commercial Disputes with Foreign Element, of the Plenum of the Supreme Court of the Republic of Azerbaijan resolves on these and related matters.

Upon resolving on international jurisdiction in a commercial dispute, a link between a foreign party to a dispute and Azerbaijan is reviewed by assessing if any of the following exists or occurs in Azerbaijan: (i) a place of residence, domicile, or place of abode of any of joint plaintiffs and/or joint defendants, (ii) a location of a governing body, branch or representative office of a corporate party to the dispute, (iii) the defendant's property, (iv) an event or another circumstance giving rise to a