Press centre News Разрешение споров и арбитраж

24
September
2018

The Ministry of Justice of the Russian Federation proposes to introduce a general-purpose criterion of indexation of monies recovered by court

The Ministry of Justice of the Russian Federation has prepared the draft law envisaging that the indexation is permissible in the absence of the signs of unfair practices in the actions of debtor or recoverer.

Victor Petrov, Partner, Head of Litigation practice
Advocate newspaper
1
June
2018

Depositors will be able to recover interest for the bank’s fault

From 1 June, in case of improper performance of the client account transactions, the bank will be obliged to pay interest on third-party money (article 395 of the Civil Code).

Pravo.ru
28
April
2018

The pattern of interaction between the public and the Federal Bailiff Service is intended to be improved

The draft law, which is focused on acceleration of the procedure for notification of the parties to enforcement proceedings, has been introduced into the State Duma

Stanislav Matushov, Head of Public Law Disputes & Corporate Defense group
Advocate newspaper
29
March
2018

Qualify it: courts and errors in contract names

The Civil Code does not provide for such concepts as legal qualification or re-qualification of transaction. However, as a matter of practice, the courts have to deal with it frequently – for example, where the parties to a contract, either intentionally or mistakenly, named the contract incorrectly or failed to name it at all. What contracts do courts requalify the most frequently, and what is worth special attention in order to be right about the type of obligation.

Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
26
February
2018

Supreme Court explained the procedure for filing claims in electronic format

Why do the courts need the applicant’s date and place of birth and his or her TIN (Taxpayer Identification Number)? Any experienced lawyer is aware that, in order to file a statement of claim, it is not required to specify such information. However, if a claim is filed in electronic format, it must contain such information; otherwise, it will not be accepted. Is it lawful? Isn’t it in contradiction with procedural codes? Doesn’t it infringe the civil rights to free access to justice? Supreme Court dealt with these issues.

Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
15
January
2018

The Ministry of Justice analyzed the initial results following reforms with arbitration

The agency presented the draft of a report on activities performed by the Council on Improving Arbitration Proceedings, which gives the prospects and risks relating to how arbitration could further develop in Russia.

Victor Petrov, Partner, Head of Litigation practice
New Lawyer's Newspaper (Novaya Advokatskay gazeta)
27
October
2017

The "compromise option": experts assessed the new way of regulating the legal services market

Experts with Pravo.ru evaluated the new concept for regulating the market involving the provision of legal assistance; it was just published by the Ministry of Justice. Lawyers believe that the updated document represents a compromise, but found that it contained quite a few shortcomings, and even threats to the legal services market in our country. Experts that were surveyed believe that the proposed changes are unlikely to improve the quality of legal assistance in Russia.

Pravo.ru
29
September
2017

Lawyers comment on the idea of a mandatory legal education for representatives in court

Pavel Krasheninnikov introduced a bill to the State Duma that caused heated discussion among lawyers and drew sharp criticism from the Russian Federal Chamber of Attorneys. The deputy proposes that those who do not have a higher legal education – and are not especially accredited by an organization chosen by authorities - not be admitted as representatives in court. The website Pravo.ru asked representatives of the profession to respond with their thoughts about the idea.

Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
22
August
2018

Supreme Court: The government body status is the sufficient ground for exemption from payment of state duty

The Supreme Court has corrected a mistake of the lower courts that applied the wrong provision of the Tax Code when accepting an appeal from the Department of the Ministry of Internal Affairs of the Russian Federation for consideration.

Stanislav Matushov, Head of Public Law Disputes & Corporate Defense group
Advocate newspaper
28
April
2018

Amicable agreements: how to seek for their conclusion in the Russian courts

According to the statistics of the Judicial Department, in 2017, 8% of arbitration disputes (taking into account the appeal and cassation proceedings) and 2.6% of cases in the general jurisdiction courts only were settled by approval of amicable agreements. Why do the parties in judicial disputes solicit a truce so rare? In which cases and at what stage it is easier to reach a compromise? How should the institution of amicable agreements in Russia be reformed in order to make it more efficient? The lawyers, based on their work experience, told about it to Pravo.ru.

Pravo.ru
11
April
2018

Teleconferencing in courts: how it operates and what problems it involves

The use of teleconferencing ensures implementation of a principle of the direct and oral court proceedings. However, such system is not available everywhere, and judges might dismiss a petition for arranging teleconferencing. Another problem is the low video and audio quality wherefore it is sometimes necessary to interrupt broadcasting.

Stanislav Matushov, Head of Public Law Disputes & Corporate Defense group
Pravo.ru
13
March
2018

Supreme Court explained the bringing of ultimate beneficiary to secondary liability

The Supreme Court noted that, as a general rule, beneficiary conceals its influence on debtor; therefore, indirect evidence may indicate the bringing to liability

Advocate newspaper
9
February
2018

Manufacturer of "Anaferon" stated about a probable claim against the Ministry of Education and Science

Materia Medica Holding announced a legal claim to be the most probable scenario after it has been given the “Negative Award” by the Ministry of Education and Science.

Victor Petrov, Partner, Head of Litigation practice
RBC
21
December
2017

Deferral of payment for goods sold: when this will be considered as material breach of contract

A company bought equipment from a firm that had gone bankrupt but did not effect payment for it in full in due time. The seller got tired of waiting for the remaining sum and decided to take legal action seeking termination of the purchase and sale agreement. Three courts rejected the plaintiff’s claim on the grounds that the agreement contained a condition stipulating payment of the price of goods sold in installments and the buyer had already paid more than half of the amount due. The Supreme Court of the Russian Federation explained where the lower courts were wrong.

Stanislav Matushov, Head of Public Law Disputes & Corporate Defense group
Pravo.ru
16
October
2017

The parties have agreed to litigate abroad. When can that fact be ignored, and a Russian court petitioned instead?

How can a Russian court review a dispute if the parties have agreed to litigate abroad? What kind of disputes cannot be resolved in a foreign court? How can the jurisdiction of the dispute be determined if the plaintiff decided to sue in Russia?

Arbitration practice
5
September
2017

Russia disputes report: Seeing red

While the landscape of Russian litigation has seen a major shift into the bankruptcy arena CDR finds that new arbitration reform, as well as increasingly robust regulatory powers, should keep practitioners busy for the foreseeable future.

Victor Petrov, Partner, Head of Litigation practice
CDR magazine
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