Analytics Legal analytics Dispute resolution

20
June
2012

Transactions with state property: victims may be legitimate users

Disputes about competence between the organs of state power – are not uncommon in judicial practice. Often, however, the injured party in these disputes is a conscientious individual, which once again demonstrates the need for that extra caution when making deals with the state. One example of this is the case before the Presidium of SAC RF. (This legal update is available only in Russian)
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
17
April
2012

The new practice of SAC RF on recovery of shares

The burden of proving the amount of shares subject to recovery has now been placed on the defendants – unscrupulous purchasers of shares. (This legal update is available only in Russian)
26
March
2012

Resolution of the Plenum of SAC RF on bank guarantees gives the beneficiary a new defence

On 23 March 2012, at the session of the Plenum of SAC RF, adopted was the Resolution of the Plenum of SAC RF “On Certain Issues of Dispute Resolution related to the contestation of bank guarantees”. Resolution of the Plenum of SAC RF will be published soon. (This legal update is available only in Russian)
9
June
2011

Disputes about property in arbitration courts: the Constitutional Court established new rules of the game

On 26 May 2011, the Constitutional Court declared the resolution of the case on the constitutionality of the legal provisions relating to the competence of the arbitration courts in relation to property disputes. (This legal update is available only in Russian)
27
April
2011

SAC RF on the application of the Arbitration Procedure Code in the court of appeal

On 13 April 2011 on the official website of SAC RF, published was the Decree of the Plenum of SAC RF No. 30 dated 24.03.2011, concerning amendments made to the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 28 May 2009 No. 36 “On the application of the Arbitration Procedure Code of the Russian Federation when considering cases in the arbitration court of appeal”. (This legal update is available only in Russian)
Сollective of authors, VEGAS LEX
8
April
2011

SAC RF on the effects of the contract of pledge (mortgage)

On 31 March 2011, on the website of the Supreme Arbitration Court of the Russian Federation, published was a Decree of the Presidium of SAC RF No. 13910/10 dated 01.03.2011, regarding the contract of pledge (in reviewing this judicial act – the mortgage contract), regardless of the validity period of the underlying obligation. (This legal update is available only in Russian)
Сollective of authors, VEGAS LEX
18
March
2011

Comments of the Plenum of SAC RF on the new rules of the RF Arbitration Procedure Code

Comments of the Plenum of SAC RF on the new rules of the RF Arbitration Procedure Code. (This legal update is available only in Russian)
14
February
2011

New approaches of the Presidium of SAC RF to the question of reducing penalties by a court

New approaches of the Presidium of SAC RF to the question of reducing penalties by a court, pursuant to Article 333 of the RF Civil Code: the highest court in commercial disputes is establishing new rules (Decree of the Presidium of SAC RF dated 13.01.2011 No. 11680/10). (This legal update is available only in Russian)
11
May
2012

Resolution of the Presidium of SAC RF to establish a private easement.

The first Presidium gave answers to all questions. (This legal update is available only in Russian)
3
April
2012

The legal position of the Supreme Arbitration Court in the sphere of antitrust regulation

The dynamics of development and perfection of Russian antimonopoly legislation often entails difficulties, associated with its use. In this regard, important and necessary is an active dialogue between courts, the antitrust regulator, and direct market participants. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
25
January
2012

Position of the Presidium of SAC RF on the resolution of corporate disputes

(This legal update is available only in Russian)
Сollective of authors, VEGAS LEX
1
June
2011

Changing the order and the method of enforcement of the judgment if recovery is impossible

On 05 April 2011, the Presidium of SAC RF issued Decree No. 17268/08 on a case in which the Presidium considered it possible to change the manner and method of execution of the judgment, if recovery of property is impossible. (This legal update is available only in Russian)
Сollective of authors, VEGAS LEX
11
April
2011

SAC RF on the possibility of a complete compensation for damages

On 25 March 2011, on the official website of SAC RF, published was a Decree of the Presidium of SAC RF dated 15.02.2011 No. 12658/10, concerning the possibility of the person concerned to claim full compensation for damages from the perpetrator. (This legal update is available only in Russian)
Сollective of authors, VEGAS LEX
31
March
2011

New rules for the application of the Administrative Offences Code

On 29 March, on the official website of the Supreme Arbitration Court of the Russian Federation, published was the Decree of the Plenum of SAC RF No. 11 dated 17 February 2011 “On some issues of application of the special part of the Administrative Offences Code”. (This legal update is available only in Russian)
Сollective of authors, VEGAS LEX
15
March
2011

Questions on the application of legislation on collateral

In order to ensure correct and uniform application of legislation on collateral, the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 10 dated 17 February 2011 “On some issues of application of legislation on collateral”, arbitration courts were given clarifications on the relevant provisions of the legislation. (This legal update is available only in Russian)
7
February
2011

New possibilities for reviewing cases

Federal Law dated 28.04.2009 No. 73-FZ enacted into force Section III.1 of the Federal Law dated 26.10.2002 No. 127-FZ “On Insolvency (Bankruptcy)”. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
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