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Regular version of the site
Of all publications in the section: 5
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Article
Batalova M., Brank L. Dechert on Point. 2020.

On March 18, 2020, Russia’s Supreme Court and the Counsel of Judges issued Joint Resolution No. 808 to address measures Russian state courts must take to limit the spread of COVID-19.

The Resolution makes reference to the Federal Law on Sanitary and Epidemic Safety, the Federal Law on Protection of the Population and Territory against Extraordinary Events,3 as well as a number of COVID-19-related resolutions and decrees already issued by the Russian healthcare authorities.

Added: Aug 21, 2020
Article
Batalova M., Шленчакова Т. И., Бранк Л. Dechert on Point. 2020.

On April 21, 2020, the Presidium of the Supreme Court of the Russian Federation issued an “Overview of selected issues of judicial practice, related to the application of legislation and measures to stop the spread of the coronavirus infection (COVID-19) on the territory of the Russian Federation No. 1” (the “Overview”).

This Overview sets out a number of important clarifications on the practical application of recent legislative developments as well as recent COVID-19 related measures to dispute resolution, contract performance, creditors’ rights, the imposition of criminal liability for spreading fake news on COVID-19 and on administrative liability for the violation of sanitary rules and protective measures.  We set forth herein a number of clarifications affecting contract performance and dispute resolution.

Added: May 25, 2020
Article
Molosnova E., Batalova M. Dechert on Point. 2013. No. May. P. 1-2.

Recent rulings by Russia’s Supreme Arbitrazh (Commercial) Court (SAC) have clarified dispute resolution procedural issues in Russian courts. In particular, the following resolutions were adopted:

Resolution No. 61 of the Plenum of the Russian Supreme Arbitrazh (Commercial) Court of 8 October 2012, "Ensuring publicity of arbitration proceedings"

Resolution No. 61 of the Plenum of the Russian Supreme Arbitrazh (Commercial) Court of 8 October 2012, "On certain issues arising from the establishment of a court for intellectual property rights within the system of arbitration courts "

Resolution No. 62 of the Plenum of the Russian Supreme Arbitrazh (Commercial) Court of 8 October 2012, "On certain issues related to the consideration by arbitrazh (commercial) courts of cases using summary proceedings"

Added: Aug 9, 2017
Article
Batalova M., Brank L., Hearn A. et al. Dechert on Point. 2020.

President Vladimir Putin signed a bill on June 8, 2020 designed to provide legal recourse, in certain cases, to Russian (and foreign) persons who have been sanctioned by foreign states. The bill was officially published as Federal Law No. 171-FZ, setting out amendments to the Arbitrazh Procedure Code of the Russian Federation (the “Foreign Sanctions Law”).  The Foreign Sanctions Law will come into force on June 19, 2020.

The Foreign Sanctions Law grants exclusive competence to the Russian arbitrazh (commercial) courts (“the Arbitrazh Court”) over disputes involving a party who has been sanctioned by a foreign state and over disputes involving a Russian and/or foreign party if such dispute arises between such Russian and/or foreign party and restrictive measures against the Russian party is the basis of the dispute.

The aim of the Foreign Sanctions Law is to protect Russian individuals and companies who have been impacted by foreign sanctions and who are therefore potentially unable to receive adequate protection in foreign forum due to their status.

Added: Aug 21, 2020
Article
Batalova M., Makhonin Y. Dechert on Point. 2012. No. 9. P. 5-6.

Russian law allows arbitrazh (commercial) courts to grant summary judgments when the claim is uncontested, acknowledged by the respondent or when the claim amount is not financially significant. Federal Law No. 86-FZ “On Amending the RF Arbitrazh Procedure Code Due to the Development of Summary Proceedings” (the Summary Proceedings Law)2 was adopted in June of this year and will substantially change the implementation of summary proceedings in arbitrazh courts. In this article, we review the most important and interesting changes to summary proceedings that were introduced by the Summary Proceedings Law.

Added: Aug 9, 2017