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Igor Taranov




A new law gives Arbitrazh (commercial) courts In Russia the right to refuse cases

On 19.12.2016, Federal Law №. 453-F3, “Federal Law on amendments to the Arbitrazh Procedure Code of the Russia Federation” was signed by the President Putin.

Among reasons arbitrazh courts can refuse to try cases is lack of jurisdiction, if the case has already been tried and awarded, or if the case is being heard in another court. Before, commercial state courts could only end hearings after accepting cases. Now, the process is expedited. Under the new rules, the court decision and other documents will be sent to the applicant not later than five days from the date the claim is received by the court.

The new law brings the Arbitrazh Procedure Code in line with other procedural codes: Code of Civil Procedure of the Russian Federation and the CAS of the Russian Federation CAS. Courts of general jurisdiction could previously refuse cases. If a case is rejected, the rejection can be appealed to a higher court. If the case is rejected, the claim is recorded as submitted on the day the initial request was made to the court.

January 25, 2017

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