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Arbitration news from ART DE LEX

The 4 December International Arbitration Newsletter,from ART DE LEX, includes five essential news items:

  • The draft of a unified Civil Procedure Code for the Russian arbitrazh courts and courts of general jurisdiction is nearing completion. Expect new rules pertaining to changing the grounds, subject, and size of a claim, rejecting and recognizing a claim, and arranging settlements. Other modifications will cover the areas of compensation and measures to promote settlements through special conciliators.
  • The Supreme Court has prohibited reapplications to recover legal costs after a lower court has decided the matter. While reviewing a 2012 case, the judges noted that since a lower court already had awarded the recovery of legal costs to one litigant, it was impossible for the other litigant to demand the reimbursement of expenses.
  • In October 2014, a plenary session of the Supreme Court has supported the unification of procedural rules for arbitration and civil cases to make the justice system more efficient. The Supreme Court suggested a mandatory claim procedure for settling most disputes and introduced writ procedures in the arbitration process. It hopes to see simplified proceedings and private intermediate orders for arbitration proceedings.
  • In October 2014, the Russian Civil Code issued amendments regarding the recovery of compensation for infringements on intellectual property rights that involve the types of compensation, court costs, and more.
  • The Intellectual Property Court defined the scope of the Civil Code rule about the registration of trademarks to resolve contradictions in the Russian Civil Code. The IPC decided that Article 8.1 of the code does not specify a need to register or amend a trade mark in the State Register.

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