Borenius about New rules for commercial litigation in Russia

On 20 June 2014 Federal Act No. 186-FZ dated 28 June 2014 “On amendments to the Commercial Procedure Code of the Russian Federation” was passed. It will enter into legal force on 6 August 2014. FIBA-member Attorneys at Law Borenius Russia present here in a legal alert the main points of the new rules.

Cassation review

1. The major change is the creation of a two-stage cassation appeal process. Firstly, court rulings can be challenged in the District Commercial “Arbitrazhny” Courts. And secondly, after a review by such courts, an appeal can be made with a separate Judicial Board for Economic Disputes of the newly created Supreme Court of the Russian Federation (“Judicial Board”). The Judicial Board reviews the case if it finds a material violation of substantive or procedural law.

2. The term to file an appeal with the Judicial Board is two month after the entry into force of a latest challenged judicial act. The missed term for filing an appeal can be restored by a judge of the Judicial Board, provided that no more than 6 months have passed since the challenged judicial act was made.

3. When an appeal is filed with the second cassation instance, a single judge of the Judicial Board decides whether to refer the case for a review to the Judicial Board or not. The chairman and a vice-chairman of the Supreme Court of the RF are also entitled to refer the case to the Judicial Board, regardless of the decision of a single judge.

Supervisory review

1. The Presidium of the Supreme Court of the RF (“Presidium”) will hear supervisory appeals against decisions of the Judicial Board for Economic Disputes. Such appeals should be filed within 3 months after the challenged judicial act enters into force.

2. Similarly to the second cassation, a single judge of the Supreme Court will decide whether to refer the case for a supervisory review to the Presidium. The chairman and a vice-chairman of the Supreme Court of the RF are also entitled to refer the case to the Presidium, regardless of the decision of a single judge.

3. The Presidium considers the case if it establishes that the challenged decision violates the uniformity of interpretation and application of norms of law, rights and lawful interests of general public, or human rights and freedoms protected by the Constitution, universal principals of international law and international treaties.

For more information, please contact: Andrei Gusev or Anna Zabrotskaya at Borenius Russia. Webside: Attorneys at Law Borenius Russia