Regulation of Group Actions in Arbitrazh Procedure Rules (on Example of Corporate Disputes)

This graduate paper is aimed at review of the regulations of group actions, as well as application in practice of a class actions on example of corporate disputes. The main objectives of this study are: a) consideration of the theoretical types of group actions that are distinguished by researchers; B) consideration of possible models of group actions that exist in different jurisdictions; C) analysis of a court practice on corporate disputes considering the rules of the group actions; (D) consideration of the regulation of group actions in other jurisdictions. This paper consists of three chapters, ten sections, conclusion and a bibliography. Chapter I considers the theory of group actions, the regulation of the group actions in the Arbitration Procedural Code of the Russian Federation, the main problems that are associated with group actions in the Russian Federation. Chapter II provides the consideration of problems that arise in court practice on matters of corporate disputes during application of the rules regarding group actions. Chapter III deals with the management of group suits in jurisdictions of interest for the possible use of their experience. On the basis of the analysis, the following conclusions are made: firstly, the group action in the form in which it exists at the time of writing this paper, can not be used in practice with respect to lack of clear rules for all court actions, as well as the rights and obligations of the persons in the process; secondly, private group actions are meant to be used by the Conception for all disputes that are subordinated to the courts of general jurisdiction and artitrazh courts, provided that there are appropriate conditions that are referred in law as mandatory for transfer of the dispute under the rules of the group actions; thirdly, in all jurisdictions, the institution of a group action is in the process of its development and there is a constant change in its legislative regulation.