12 november 2015

"Arbitration Practice for Lawyers" publishes an article by Nikita Scherbakov on amendment of the procedural regulations on third parties in the arbitration process

In the November issue of the magazine, an article by senior attorney Nikita Scherbakov entitled "A third party is involved in the case. When can it change its procedural regulations?" came out.

The author considers the approaches of courts to cases when a third party not making independent claims adopts a decision to change procedural status and present its own claims in the case.

The article investigates the positions of courts as to whether it is admissible in principle for a third party to change one procedural position to another, as well as the contradictions arising in courts when delineating the procedural status of a co-claimant and a third party with independent claims.

Galina Nikolayevna Bogdanovskaya, a judge of the 18th Arbitrage Court of Appeals, has expressed an opinion on the matters raised in the article, and her view is added to the material published in the magazine. In the opinion of G. N. Bogdanovskaya, the conception of the dynamic nature of the status of a third party proposed in the article allows one to eliminate problems in procedural legislation.