INTERNATIONAL JURISDICTION OF THE COURTS OF THE REPUBLIC OF AZERBAIJAN IN COMMERCIAL DISPUTES WITH FOREIGN ELEMENTS

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INTERNATIONAL JURISDICTION OF THE COURTS OF THE REPUBLIC OF AZERBAIJAN IN COMMERCIAL DISPUTES WITH FOREIGN ELEMENTS

Journal Title: Scientific Research - Year 2024, Vol 4, Issue 4

Abstract

Abstract When citizens and legal entities of the Republic of Azerbaijan, foreign persons need judicial protection, they should first of all pay attention to the issues of jurisdiction and take into account the limits of the international jurisdiction of the courts of each state. The international jurisdiction of the courts is the relevance of disputes with foreign elements to the national courts of a specific state. If the national court of any state does not have international jurisdiction over the relevant case involving a foreign element, it cannot hear that case. As mentioned above, determining which court is competent is of particular importance when commercial disputes arise between the parties. First of all, we should note that according to the Law "On Courts and Judges" and the Civil Procedure Code of the Republic of Azerbaijan, the commercial court, as a court of first instance, hears commercial disputes, i.e., cases related to the implementation of entrepreneurial activities. Commercial courts of the Republic of Azerbaijan can hear disputes involving foreign persons only if they have international jurisdiction over those disputes. International powers, in turn, can be determined by the agreement of the parties, as well as by international agreements and national legislation.

Authors and Affiliations

Gunash Yusifgizi

Keywords

EP ID EP748735
DOI 10.36719/2789-6919/32/81-85
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