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Claiming Procedure in Arbitral Proceedings in the Russian Federation

ФИО студента: Anna Saraeva

Руководитель: Margarita Pavlova

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2018

The problem of commercial courts overloading has remained unsolved in arbitral procedure of the Russian Federation for a long time. In 2016 the amendments were proposed to procedural law under which compliance with pre-trial procedures has become mandatory for all categories of civil-law disputes (excluding list of specific disputes). However, even though the new procedure had been introduced with the aim of reducing the burden of court proceedings, the effectiveness of mandatory claiming procedure is contested. Most litigation lawyers in Russia consider that this amendment does not help resolve disputes, but rather create obstacles for filing claims with the courts. Advocates of the new approach view mandatory claim procedure as a possibility to allow parties with the same intentions to settle the disputes without taking legal actions. This research sets out to examine first results of this amendment in practical application and will determinate the efficiency or inefficiency of compulsory claiming procedure in arbitration proceedings. The research on the topic contains introduction, 2 chapters, conclusion and references. In the first chapter “History of the claiming procedure” I observe the historic development of claim procedure in Russian Federation, compare regulation of different periods of our history, including regulations in the Soviet time. In the second chapter “Claiming procedure in Russian Federation” I investigate the existing mandatory claim procedure and observe the aims of the reform, show how the reform works in practice and note areas in which reform should be amended.

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