Wednesday, October 22, 2014

Russia's Supreme Court Proposes Mandatory Mediation Prior to Filing Commercial Lawsuits

Russia’s Supreme Court has proposed amendments to the Commercial Procedure Code and Tax Code introducing mediation that would require a 30 day delay in filing suit with a commercial court, only after the parties have taken steps to reach a settlement. The proposed amendments would revive a procedure that existed in commercial litigation prior to 1995 (when it was abolished), and would not apply to disputes including bankruptcy, corporate disputes, and certain federal law collection matters.  The Supreme Court has noted that the mediation procedure would enhance efficiency by reducing the number of cases filed with commercial courts.  Meanwhile, Russia's Supreme Commercial Court has ceased to exist, transferring its powers and jurisdiction to the Supreme Court under a federal law that entered into force on February 5th.

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