Features of characterization of a crossborder corporate agreement

Abstract

 Characterization of a cross-border corporate agreement is a complex legal phenomenon. To date, neither the doctrine nor the judicial practice has developed a unified approach to resolving problems arising at various  stages of characterization of this type of contract. The article is devoted to the study of each stage of characterization of a cross-border corporate agreement and disclosure of its essence. In addition, the article provides a consistent analysis  of the problems that may arise at each stage of  characterization. Based on the study, the author formulated the definition of the characterization of a crossborder corporate agreement, identified the  stages (preliminary characterization, primary characterization, secondary characterization), and proposed possible ways to resolve the identified problems. The author has formulated the following way of characterization of a cross-border corporate  agreement: application of lexfori—at the stage of preliminary and primary qualifications; application of the chosen substantive law — at the stage of secondary qualification.