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New pre-trial procedure of filing statements of claim


The Commercial Procedure Code of Russia has been amended in respect of admissibility of filing a statement of claim to the commercial courts. New amendments establish a mandatory pre-trial settlement procedure for the majority of commercial disputes.

The new procedure enters into force on 1 June, 2016.

The claimant may file the statement of claim on the expiration of 30 (thirty) calendar days from the date when the statement of claim is sent to a potential respondent. Other procedures may be stipulated by the law or an agreement between parties.

The pre-trial procedure is not required for the following categories of disputes:

  • affirmative proceedings;
  • cases on awarding compensation for violation of the right to trial within a reasonable time period , including enforcement;
  • bankruptcy (insolvency);
  • corporate disputes;
  • class actions;
  • early termination of trademark for non-use;
  • challenging the arbitration decisions.

Also the pre-trial procedure is not required for the public (administrative) disputes with authorities unless otherwise stipulated by the law.

If the claimant does not follow the mandatory pre-trial settlement procedure, the statement of claim shall be left without consideration

Conclusions and recommendations:

  • Parties may exclude the pre-trial procedure in an agreement or in a supplementary agreement.
  • Parties may reduce a term of pre-trial procedure or alter the form of settlement in their agreement.
  • The claimant should observe the pre-trial procedure in respect of each respondent
  • A power of attorney or shall authorize an agent to participate in the pre-trial procedure, sign a complaint and send it to respondents. The person issuing the PTC should be duly authorized.

 



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