About  Russian Arbitration Court

   Russian Arbitration Court is the government structure of the court power. It's a not a private court or ad-hoc court - it is a government structure which provide judgment for economic subjects (companies like LLC, Corporations, sole partnership or individuals or etc.). In common since this is B2B or BvsB court. All that foreign company should know is that Russian Arbitration Court is the №1 way to file a claim against Russian company (which have incorporated in Russia (OOO (LLC)- obshestvo s ogranichennoy otvetstvennostyu) and ZAO (OAO) - public companies).

  If foreign company have problems with their Russian partners and if foreign (US,EU,GB) really want to solve this problem - YOU NEED TO FILE A CLAIM IN RUSSIAN COURT or you can't do anything with this in reality even if you won your suit in your country or International Arbitrage.

  The main Rule of judgment with Russian company - file a claim in Russia, cause in Russia court decision mean executing in Russia. If you have EU court decision against Russian company - mainly it will mean you can't execute this decision in Russia (never). Yes, may be we have NY convention about execution of foreign court decision but it's mean nothing in Russia..

   So, if you have trouble about debt, bad works or bad will of Russian companies you should suite in Russia in the government court (where this company located in Russia). Not under ICDR, LCIA in London, ICC and ICAC at the RF CCI. ONLY RUSSIAN ARBITRAGE (government court for business needs).

   But why? Why I should file to Russian court when I have own national court of my country? The simple answer: other court decision have a little power in Russian and mostly have no chance to execute decision in Russia, indeed to execute decision of foreign or International court you should apply to Russian Arbitrage Court to  recognize this decision and allow them to be execute in Russia. It's always 85% of fail.

   In Russia you should apply to "Federal service of court marshals" to execute court decision which could force the Russian company to execute decision (as example arrest the bank account and got money from them or arrest the property and sell it for you). If you have do foreign court decision you can't apply to "Federal service of court marshals" directly and you can do nothing.

  There is no other way to resolute the dispute in reality. Mediation, private court (triteisky arbitrators, commercial arbitrage) or peace agreement or other ADR - useless and weak way to solve problem in Russia - ONLY GOVERNMENT COURT.

   Most problems of the Russian and foreign companies is the court suit about agreements (contracts) like: sales contract, lease contract, rent contract, contractor's agreement.

   To start your way to arbitration proceed you should do next steps:

1. Getting documents from your officials (gov) that your company is incorporated in your country (trade register entry, Good Standing certificate, Certificate of Status, Certificate of Existence) AND APOSTILLIZE THAT DOCUMENT IN YOUR COUNTRY.

2. Got all documents about your claim (agreement, banks bills, banks orders, acts of execution of agreement, accountant calculation and all others).

3. Find a lawyer in Russia and sending him all material about your claim and apostille documents. Sending to a lawyer power of attorney (authorization, letter of attorney) which allow him to file a claim in face of your company (bilingual).

4. Notarial  translating of all documents in Russian language.

5. Paying government fees for applying to court.

6. File a claim into Russian Arbitration Court.

7. Arbitration proceed.

9. Getting decision or Appellation, Cassation.

10. Executing of court decision.

   In Russia we have a rule: however you won it is not mean that you got your money. If company have "one day" nature company you will never get profit even with court decision.

   One of the oldest problem of Russian partners that they could not respond for their debts.

Attorney Vadim Danilenko assist you in your legal problem in Moscow or Moscowscaya oblast, Vladimir and Vladimirskaya oblast. Danilenko can solve many disputes if they have resolution and got the positive decision.

  Call us:+7(916)0721212

              +7(925)8812990

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    This article wrote to help foreign companies to understand all problems of problem. The article written by  Vadim Danilenko without translator. Call us we know English enough to solve your problem in Russia.

 

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