Interview of the issue
A.T. Bonner
The Court Needs a Conscience, and It Needs It Very Much
Courts News
News of Moscow District Courts
Topicality
The Fate of Bail
Analytics: COURT ORDER AND PRE-TRIAL PROCEDURE FOR DISPUTE SETTLEMENT
D.I. Krymskiy
The Order for Payment Procedure in the Light of the Plenary Resolution of the Supreme Court of Russian Federation of 27.12.2016 No. 62
The paper contains analysis of selected provisions of the recent Resolution of the Supreme Court of RF regarding order for payment procedure. Based on the court practice following the Resolution, the author considers some issues of application of order for payment procedure.
Keywords: order proceedings, indisputable claim, order for payment, arbitrazh court, civil procedure, reconciliation, acknowledgement
T.D. Neveeva, V.S. Taraskin
Pre-Trial Settlement of Disputes: Topical Issues, Practice of Application
A year has passed since the date of entry into force of the amendments to the Arbitrazh Procedure Code of the Russian Federation providing for a mandatory pre-trial procedure for dispute settlement, and it is time to sum up the first results of its application. The authors of the article summarise the main conclusions from the court practice, highlighting the important trends for law enforcement.
Keywords: claim procedure, pre-trial procedure of dispute settlement, measures on pre-trial dispute settlement
Analytics: Open Forum
M.N. Samoylov
Consequences of the Application of Procedural Rules, Which Are Not Applicable, by Judges at the Stage of the Commencement of the Procedure of Recognition and Enforcement of Foreign Arbitral Awards in Russia
The present paper analyses the practice when a court stays a petition for the recognition and enforcement of a foreign arbitral award in Russia since the petitioner fails to provide the court with documents which, in fact, are not required by the rules of procedure. The author marks that the practice is an error. The author also gives examples of adverse consequences of this practice for petitioners at the stage of the beginning of the process on the recognition and enforcement of a foreign arbitral award in Russia.
Keywords: recognition and enforcement of foreign arbitral awards in Russia, New York Arbitration Convention
Yu.G. Gvozdev
Jurisdiction of Cases on Disputes Arising out of Administrative Legal Relations
The article is devoted to the analysis of the concept of jurisdiction of disputes to courts, the problem of differentiation of jurisdiction of disputes between courts of general jurisdiction and arbitrazh courts on the example of cases related to the administrative prosecution. The author provides a brief overview of the judicial practice based on the provisions of the Plenary Resolution of the Supreme Court of the Russian Federation of 24.03.2005 No. 5, and also draws conclusions on possible changes in the criteria of jurisdiction.
Keywords: jurisdiction, competence of courts, economic activity, bringing to administrative responsibility, administrative disputes
E.S. Zavidovskaya
Procedural Limits on the Freedom to Enter Into an Amicable Settlement in Arbitrazh Proceedings
This paper analyses legal nature and the order of a settlement agreement. Settlement, as well as dealing with the dispute between the parties, is a contract between those parties and is one possible result when parties sue each other in civil proceedings. The author identifies the topical problems of the parties at the conclusion of a settlement agreement and emphasises the consolidation of liability in the settlement agreement and the legal consequences of such conditions.
Keywords: settlement agreement, contract, the legal consequences of non-execution of the judicial act
A.A. Soloviev
Mediation as a Means of Settling Disputes in Civil Proceedings in the French Republic
The article is devoted to the study of the French experience of legal regulation of mediation in civil proceedings. The author thoroughly analyses the key legal prescriptions governing the legal institute under consideration, focuses on the legal status of mediators, describes the process of implementation of the mediation procedure and the consolidation of its results, as well as the implementation of the mediation agreement. Special attention is paid to the legal regulation of the procedure of contractual (conventional) mediation.
Keywords: foreign practices, the French Republic, civil procedure, conciliation procedures, mediation
Court Practice Reviews
Minutes No. 154 of 31.03.2017 of the Working Group Meeting Discussion of the Practice of Application of the Arbitrazh Procedure Code of the Russian Federation
