Goltsblat BLP advises that a loss recovery dispute with a constituent entity of the Russian Federation has been successfully completed

25.09.2013

Legal Update No.434, 25 September 2013

Goltsblat BLP advises of publication of Information Letter No. 159 by the Supreme Commercial Court of the Russian Federation (the “Court”), dated 18 June 2013, titled “On the Procedure for Issuing Writs of Execution under Effective Judicial Acts if Relevant Materials are with Higher Courts”.

In its Information Letter the Court specifies that cases no longer need to be passed from higher to first instance courts for writs of execution to be issued. Further, writs of execution may be issued before case materials are returned by the higher court where the relevant case has been re-considered. This has become possible owing to the successful operation of the automated Arbitration Case Catalogue Filing system hosted on the Court’s website.

In order to obtain a writ of execution, a relevant request should be filed with the first instance arbitration court considering the case, attaching copies of all resolutions issued on the case and duly certified by the relevant higher courts.

If discrepancies are identified between the copies of the judicial acts submitted by the recoverer and the electronic versions posted on the Arbitration Case Catalogue Filing system, the court may deny a writ of execution until the court case, and accompanying original judicial acts, is received by the first instance arbitration court.

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