News of Moscow District Courts
Interview of the issue
N.V. Pavlova. “Only Professional Representatives Are Able to Formulate a Clear Legal and Factual Position of the Parties before the Court”
Enforcement of the Arbitral Tribunal’s Award — Limits of the Commercial Court’s Review
Analytics: Facilitation and Monitoring of Arbitration Proceedings: Current Practice
Procedural and Legal Methods to Optimize Litigation. Judicial Reconciliation
The constant increase in the number of cases considered by the courts requires optimization of the judicial load. The article considers two directions of such optimization: improvement of the procedural and legal mechanism, as well as judicial reconciliation. There are three types of proceedings in the arbitration process: traditional (claim and public relations proceedings); simplified and writ proceedings. It is proposed to transfer most of the undisputed cases to notaries for their execution of the executive inscription. The main features of judicial reconciliation, as well as other procedural and legal norms that encourage the conclusion of a settlement agreement are considered: the return of the state fee, the extension of the limits and subjects of the settlement agreement, etc.
Keywords: settlement agreement, types of commercial proсеdure, executive inscriptions of notaries, judicial conciliators, limits of settlement agreement
Interaction between Arbitral Tribunals and National Courts on Issues of Interim Measures
This article is about problems of interaction between arbitral tribunals and national courts that arise when they introduce interim measures in support of arbitration. Generally, national courts participate in this procedure to secure compulsory compliance by the debtor with the adopted interim measures. The article discusses delimiting the competence of national courts and arbitral tribunals in the area of interim measures, choosing a competent national court and reviewing the arbitral tribunal’s competence by a national court. The author seeks to codify approaches to amending and lifting interim measures adopted by a national court and to enforcement of interim measures adopted by an arbitral tribunal. Special attention is given to claims for damages related to interim measures. The article gives a digest of Russian and foreign practice of interaction between arbitral tribunals and national courts in this area and summarises best practices for Russian courts on complex issues.
Keywords: interaction between state courts and arbitral tribunals; interim measures; arbitration
Consideration by Commercial Courts of Applications for Annulment of Arbitral Tribunals’ Preliminary Rulings or Statements on Their Competence as a Form of Judicial Control in Arbitration Proceedings
The current judicial practice, the Russian and foreign legislation with the aim of making appropriate recommendations to improve the existing legislation within the framework of the arbitration production are analyzed.
Keywords: arbitration trial, functions of assistance and control
Competition of proceedings in the performance of the functions of assistance and control over arbitration by commercial courts
In the article, the author considers the issues of further development of the arbitration proceedings. The author notes that regardless of the preservation of the function of social management, such development can be carried out at the legal and dogmatic level.
Keywords: arbitration, state court, commercial court, judicial control, social management
L.I. Zaytseva, S.Yu. Rukavishnikov
Extrajudicial Methods of Resolving Investment and Construction Disputes in the Context of Changes in Procedural Legislation
The authors consider mechanisms of alternative dispute resolution (ADR) and features of their application both in investment/construction sphere and in the field of the state construction order. Having analyzed problem aspects of the state construction order, the authors substantiate the necessity of development and application of ADR to increase efficiency of investment and construction projects. The measures necessary for realization of ADR potential are systematized taking into account changes of the procedural legislation and function of the state courts relating to ADR development assistance.
Keywords: ADR mechanisms, investment and construction sphere, state construction order crisis, disputes, project documentation, construction, project life cycle
Analytics: Open Tribune
Reorganization of the Institution
An institution (mainly state-owned) is one of the most common organizational and legal forms in which legal entities are created and operate in the Russian Federation. Features of their legal regulation are regulated by numerous legal acts. The complex regulatory structure creates many questions about their reorganization. Unfortunately, the reform of civil legislation has not led to the optimization of this structure or to its improvement. The author demonstrates in the article the main problems that arise during the reorganization of institutions. It is concluded that it is necessary to further develop the reform of legislation both in the field of regulating the situation of institutions in General and in the reorganization of institutions.
Keywords: non-profit organization; legal entity; reorganization; transformation (сonversion); merger; сonsolidation; spin-off; division; institution; state institution; municipal institution; private institution; fiscal institution; budgetary institution; autonomous institution
Council of Magistracy of the Republic of Argentina: Composition, Organization, Governing Bodies and Structural Units
This article deals with the key problems of the functioning of the Council of Magistracy of the Argentine Republic. The author, continuing studying of relevant foreign experience, analyzes structure and order of formation of the named body of judicial community, designates the basic requirements to its members, investigates a legal status of administrative bodies and structural divisions of the Council, and also states key principles of the organization of its activity.
Keywords: foreign experience, Argentine Republic, bodies of the judiciary, Council of Magistracy of the Argentine Republic, composition, organization of activities, governing bodies and structural subdivisions
Prevention of Bankruptcy of Strategic Enterprises and Organizations
The article considers measures of state support of strategic enterprises and organizations to prevent their bankruptcy in modern Russia. The article analyzes the provisions of the draft federal law “On Amending Federal Laws ‘On Insolvency (Bankruptcy)’ and ‘On Enforcement Proceedings’ with regard to improving the procedures applied in bankruptcy cases of strategic organizations”. The conclusion was reached on inadmissibility of legislative recognition of certain measures provided for in the draft law, which violate the rights of creditors of strategic organizations, the principles of legal regulation of civil relations and generate irresponsibility of managers of such organizations.
Keywords: strategic organizations, insolvency (bankruptcy), prevention of bankruptcy, creditors, single industrial-technological complex
Scientific Advisory Council
Minutes No. 18 of the Meeting of the Scientific Advisory Council of the Moscow District Arbitration Court