Representation in the commercial (arbitrazh) court

What is happening

A buyer has not paid for goods delivered six months ago, claim letters go unanswered and the accounts team already treats the debt as doubtful. The decision to sue has been made, but there is no in-house lawyer to run the case, or the one you have is fully occupied with day-to-day contracts.

The reverse: the company learns of a claim against it from the court's online case register, or from a letter that sat in the post room for a week. The preliminary hearing is days away and nobody has started on the defence.

Sometimes a case is already under way and going badly: the court is refusing applications, the other side has asked for an expert examination, a counterclaim has appeared. The company then wants to change representatives or strengthen the team mid-proceedings.

What the law says

• Commercial disputes are governed by the Commercial Procedure Code (APK). For most money claims under contracts a claim letter must be sent first, and proceedings may be issued once 30 calendar days have passed since it was sent, unless the contract provides for a different period or procedure.
• Each party proves the facts it relies on and may only use evidence the other participants have seen in good time. That is why we build the position and the evidence from the outset rather than producing them at the last hearing.
• A case usually goes through a preliminary hearing and a main hearing. Documents are filed electronically through the My Arbitrator system, and many commercial courts hear cases by video link.
• A first-instance judgment can be appealed within one month of being given; if no appeal is lodged, it takes legal effect when that period expires.
• Legal costs, including reasonable representation costs, are allocated in proportion to the claims upheld and recovered within the same case.
• A judgment that has taken effect is enforced by a writ of execution, presented to the debtor's bank or to the bailiffs under Federal Law No. 229-FZ of 2 October 2007 "On Enforcement Proceedings".

What we do

• We go through the contracts, primary documents and correspondence and assess the strengths and weaknesses of the position before the claim or defence is filed.
• We check the pre-action procedure, jurisdiction and limitation period and deal with them in advance so the claim is not returned or left without consideration.
• We draft the statement of claim or defence, applications, written submissions and responses to the other side's arguments.
• We gather and organise the evidence; where a court-appointed expert is needed, we frame the questions and propose expert firms.
• We attend hearings in person in Moscow courts and by video link or in person elsewhere, and monitor the case in the court register.
• We agree key decisions with you as the case develops: admitting particular facts, dropping part of the claim, opening settlement talks.
• After judgment we apply for recovery of legal costs and obtain the writ of execution.

What we will need from you

• The contract with all annexes, specifications and supplementary agreements.
• Primary documents: delivery notes or universal transfer documents, acceptance certificates, payment orders, reconciliation statements.
• Correspondence with the counterparty, including email and messaging apps if terms were agreed there.
• The claim letter and any reply, or the court papers if the claim was brought against you.
• Access to the people who handled the deal: who agreed what, and when.
• A power of attorney to represent the company in the commercial court.