CONSEQUENCES OF MANIPULATION OF THE JURISDICTION IN THE COURT OF FIRST INSTANCE

Various cases of manipulation of jurisdiction and ways to fight against them at the stage of the court of first instance proceedings are considered (replacement of an improper defendant, joinder of the parties, counterclaim, procedural legal succession, return of the statement of claim, referral of a case to another court, etc.). Separately, such mechanism as procedural estoppel is analyzed. The paper proposes to use it to fight against the manipulation of jurisdiction, especially in the commercial procedure. The non-application of choice-of-court agreements as a way to counter the fraudulent using of such agreements is also explored. Finally, compensatory mechanisms, for example, placing costs on the fraudulent person, are considered. It is concluded that they can also be applied in relation to the manipulation of jurisdiction. It is summarized that there is no unified way to solve the problem and depending on the situation almost all the considered options can be effective.