KOMMERSANT. DISPUTERS CALLED TO ORDER

ARBITRATION COURTS WILL BE ABLE TO PUNISH THEM MORE OFTEN

 The Supreme Court (SC) has prepared a draft decree of the plenum clarifying the rules of arbitration cases in the first instance. Lawyers generally find the document useful as it will regulate a number of controversial procedural points for participants in economic disputes. Experts note that the Supreme Court has expanded the ability of courts to respond to the behavior of the party and its representatives, from the right to be removed from the meeting room to the denial of the lawsuit. The order is good, lawyers admit, but they fear that in practice the new order may lead to infringements.

Elena Gladysheva, Managing Partner of RI-Consulting, in her comments to Kommersant about the simplification of a number of disputed procedural points and the expansion of the ability of arbitration courts to respond to a number of situations.

The Resolution of the Plenum of the RF Supreme Court under consideration, Elena explains, highlights the main areas that have long required changes and are applied in practice by the courts:

• good faith of participants in the judicial process,
• inadmissibility of actions in violation of the rights of one of the parties to the dispute; and the good faith of persons involved in the case is assessed not only at the request of a party to the dispute, but also at the initiative of the court.

The most pertinent and necessary changes set forth in the Plenum were necessitated by the bad faith conduct of litigants with different objectives:

• to drag out the court process,
• to postpone the execution of the court decision for the maximum period,
• to win time in collecting money, using the incompleteness of the RF Administrative Code.

The Plenum of the RF Supreme Court is precisely aimed at eliminating such gaps. In our opinion, the draft Resolution developed in accordance with the current trends of cases in arbitration courts, directly related to the principle of good faith of persons involved in the case, saving procedural time for consideration of cases, and also eliminates many procedural issues and inaccuracies, which previously were resolved in accordance with subjective opinion of judges and/or the practice prevailing in the relevant region," - notes the attorney.

You can read more about the lawyer's opinion and the opinion of other  experts: https://www.kommersant.ru/doc/5130016