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Law reviews

25.06.2012

The Arbitrazh Procedure Code of the Russian Federation was amended due to the development of summary procedures

Amendment of the Arbitrazh Procedure Code of the Russian Federation aimed at reducing in timelines for reviewing specific categories of cases. In particular, the list of cases that may and should be reviewed summarily is significantly expanded by law.

Specifically, cases related to claims for recovery of funds shall be reviewed summarily (regardless whether the parties to the proceedings agree on such procedure or not) if the amount of claim does not exceed RUR 300,000 for legal entities and RUR 150,000 for individual entrepreneurs.

In addition, cases related to claims based on those documents that establish liabilities recognized, but not performed by the respondent, or those that confirm liabilities under an agreement shall also be reviewed summarily regardless the claim's amount.

Other cases, save for corporate disputes and those related to protection of rights and lawful interests of a group of persons may also be reviewed summarily, however only subject to the  claimant's motion and the respondent's consent or under court initiative subject to consent of the parties to the proceedings (unless any circumstances preventing application of such procedure arise).

Court summarily review a case not summoning parties to the proceedings; the judgment shall be immediately enforceable and become effective upon expiry of a 10 day period. Appeals from judgments related to summarily reviewed cases shall be considered in courts of appeal by   sole judge based on evidence on file, additional evidence is inadmissible.

 

 

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