1 april 2015

Vestnik Ekonomicheskogo Pravosudiya, the Russian Federation's economic justice newsletter, has published an article by Vadim Maklakov and Nikita Shcherbakov

Vestnik Ekonomicheskogo Pravosudiya, the Russian Federation's economic justice newsletter, has published an article by Senior Partner Vadim Maklakov and Senior Attorney Nikita Scherbakov of Jus Aureum, headlined "Length of Stay of Judicial Act Enforcement in Arbitrazh Court Proceedings by a Cassation Panel".

Within the meaning of Article 283 of the Arbitrazh Procedure Code of the Russian Federation, the expiry of the period for which a cassation panel has stayed the enforcement of any of the lower courts' acts means that its ruling to that effect has become ineffective. However, Article 283 of the Code does not say so expressly, prompting in a number of cases the winning sides in litigation to apply to cassation panels again for the enforcement of the corresponding acts to be resumed and for the cassation panels' suspending rulings to be quashed. The cassation panels then have to deliver appropriate additional resolutions. The authors of the article refer to the relevant provisions of Belarussian procedural legislation to suggest that Russian law should likewise be supplemented with a clause on the moment when a cassation panel's ruling to stay the enforcement of lower courts' judicial acts becomes invalid.

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