Handbook on Commercial Dispute Resolution in the Russian Federation

A guide for businesses on navigating the Russian legal system for resolution of business disputes.

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Introduction

Chapter 1: Overview of Bodies Involved In dispute Resolution

• A. The Arbitrazh Courts
• B. Courts of General Jurisdiction
• C. The Constitutional Court of the Russian Federation
• D. Arbitration Tribunals
• E. The Procuracy
• F. Executive Enforcement Bodies

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Chapter 2: Where Can Your Dispute Be Submitted for Resolution?

• A. The Arbitrazh Courts
• B. Courts of General Jurisdiction
• C. The Constitutional Court
• D. Arbitration Bodies
• E. Submission of a Complaint to the Procuracy

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Chapter 3: Commercial Disputes in the Arbitrazh Courts - Proceedings in the First Instance

• A. Filing a Claim
• B. Responses to a Petition of Suit
• C. Participants and their Rights, Preliminary Proceedings
• D. Consideration of the Case in the Court Hearing: Rules for Proceeding

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Chapter 4: Appeals in the Aribtrazh Court System

• A. Appeals of Procedural Decisions the the Consideration of Case
• B. Appeals of Decisions of Arbitrazh Courts of the First Instance
• C. Cassational Appeals
• D. Reconsideration of a Case in Supervisory Proceedings
• E. Reconsideration of a Case on the Basis of Newly Discovered Circumstances

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Chapter 5 - Execution of Court Judgements and Arbitral Awards

• A. Enforcement of Court Decisions
• B. Execution of Decisions of Foreign Courts
• C. Recognition of Enforcement of Arbitral Awards
• D. Practical Issues Related to Enforcement

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Appendices

• A. Petition of Suit
• B. Determination on Acceptance of a Case and Preparation
• C. Amendment to Claims of Suit
• D. Response to a Petition of Suit
• E. Petition of Recusal of Judge
• F. Petition for Security of Suit and Determination
• G. Determination of Hearing Delay
• H. Motion of Demand for Evidence
• I. Record of a Court Session
• J. Inquiry by Arbitrazh Court to Constitutional Court
• K. Decision of an Arbitrazh Court in the First Istance
• L. Appeal Complaint; Acceptance of Complaint; Response to Appeal Complaint
• M. Decree of an Arbitrazh Court of the Appellate
• N. Cassational Complaint
• O. Decree of Circuit Arbitrazh Court
• P. Petition for Supervisory Protest
• Q. Decree on the Initiation of Execution Proceedings

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Prepared and published pursuant to Agreement of the U.S.-Russian Intergovernmental Business Development Committee.

U.S. Department of Commerce, International Trade Administration, Office of Eastern Europe, Russia and Independent States, July 2003