Review of Russian Commercial Court Practice Proceedings Involving Foreign Entities

September 25, 2013

The Presidium of the Supreme Arbitrazh (Commercial) Court of the Russian Federation (the “Presidium”) published Information Letter No. 158 on 9 July 2013 containing a review of judicial practice in cases involving foreign parties (the “Information Letter”). The Information Letter was adopted to ensure the courts correctly apply procedural and substantive law and to streamline approaches to resolving cases of this kind. Information letters released by the Presidium are not binding on arbitrazh courts, though in practice courts seek to abide by them.

This review is a consolidation of commercial court practice. However, certain clarifications relate to contentious issues that previously allowed for a variety of approaches to their resolution. Set out below is our brief commentary on the most interesting examples.

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