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ARCHIVE FOR 2010    RUSSIAN

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Сентябрь 2010

CONTENT

 

EDITOR’S COLUMN

 

FREE TRIBUNE

V.V. Yarkov The class action: a brief comment on Article 28.2 of the Arbitration Procedure Code of RF
It was enacted by the Federal Law as of 19.07.2009 No 205-FZ a class action institution, new one for the Russian arbitration proceedings The author analyses a wide-ranging spectrum of issues arising at application of this institution that has significant difference from the classical structure of action proceedings.
Keywords: class action, arbitration proceedings
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S.A. Kuznetsov Legal nature and regulations for periods of time calculation that was enacted by the bankruptcy laws
The bankruptcy laws is free of special regulations of periods of time calculation. Several periods of time enacted by it are subject to regulations of the Arbitration Proceure Code of RF, the others are governed by legal treatment of the Civil Code of the Russian Federation. In order to define a range of regulations liable to application, it is essential to detect a legal nature of relationship governed by the bankruptcy laws
Keywords: periods of time, bankruptcy, procedural and substantive relationship
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A.A. Ryaguzov International bankruptcies in the Russian Courts jurisdiction
The article analyses several issues of international bankruptcy: governing law, situation of foreign lenders in Russian bankruptcy case, recognition of foreign judicial acts.
Keywords: international bankruptcy, private international law, reciprocity
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EVENTS AND COMMENTS

N.V. Pavlova Competition of arbitration agreements: who has a right to amend the arbitration agreement after a cession?
Comment to the determination of the Presidium of the Higher Arbitration Court of RF as of April 20, 2010 No 15887/09 After a cession execution the arbitration clause cannot be amended by the agreement by and between a cessionary and a debtor. This regulation follows from the principle of automatic title transfer under an arbitration agreement at singular succession.
Keywords: arbitration agreement, cession
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I.A. Prihodko, A.I. Prihodko Registration of rights to immovable property pursuant to an arbitral decision
Comment to the determination of the Presidium of the Higher Arbitration Court of RF as of May 12, 2009 No 17373/08 The court of arbitration has a right to entertain actions for recognition of title of ownership of immovable property. Nevertheless the reason to amend the Uniform State Register of Immovable Property Rights and Transactions is an enforcement order of the State Court for execution of the court of arbitration judgment. Herewith, provided that such a judgment awarded on the dispute that is staged in an effort to create ground for registration actions execution, it contravenes the public order.
Keywords: court of arbitration, stage of litigation, registration of immovable property title
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MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

The determination of the Plenary Assembly of the Higher Arbitration Court of the Russian Federation as of July 1, 2010 No 37
"On amendments of determination of the Plenary Assembly of the Higher Arbitration Court of the Russian Federation as of October 6, 2005 No 30 "On certain issues of the practice in the application of the Federal Law "The Statute of the Railway Transport of the Russian Federation"

 

The determination of the of the Plenary Assembly of the Higher Arbitration Court of the Russian Federation as of July 1, 2010 г. No 38
"On certain issues related to participation of arbitration court assessors in administration of justice"

 

INFORMATION LETTERS OF THE PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

The Information Letter of the Presidium of the Higher Arbitration Court of the Russian Federation as of June 25, 2010 No 140
"On several issues arising in connection with entry into effect of the Federal Law as of 30.04.2010 No 69-FZ "On amendment of several acts of law of the Russian Federation in the context of adoption of the Federal Law "On compensation for violation of right to legal proceedings within a reasonable time period or right to enforcement of a legal act within a reasonable time"

 

RULING OF THE PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

Application of the civil legislation

 

Application of the fiscal legislation

 

Application of the procedural legislation

 

Application of the administrative legislation

 

COURT PRACTICE INDEX

Index of the judicial practice