Mandatory Pre-Action Claims in Dispute Resolution

22.07.2016

Legal Update No. 566

Goltsblat BLP advises that, since 1 June 2016, pre-action (pre-court) claims are mandatory for most commercial disputes. The Russian Federation Arbitration Procedure Code (the “APC”) has been amended to this effect by Federal Law No. 47-FZ of 2 March 2016.

The amendments in a nutshell

Statements of claim may now be filed with a state arbitration court no earlier than 30 calendar days after the claimant sends the relevant letter of claim to the defendant (Part 5, Article 4 of the APC). This procedure applies to all disputes under the APC, except as described below. A different timeframe or procedure might be provided for by law or contract.

If the mandatory pre-action claims procedure is not observed, the lawsuit may not be considered; the court will take no action on the statement of claim (if not yet accepted thereby, APC Article 128) or will leave it unconsidered (if already accepted, APC Article 148). Previously, the mandatory pre-action claims procedure applied only where expressly stipulated by law or agreed by the parties in the contract.

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