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Arbitration Courts Can Now Refuse Cases
A new law gives arbitration courts the right to refuse cases. Reasons the arbitration courts can claim for doing so include lack of jurisdiction, if the case has already been tried and awarded, or if the case is being heard in another court. The related bill has passed its third reading. Before, courts of arbitration could only end hearings after accepting cases. Now, the process is expedited. Under the new rules, the court decision and other documents will be sent to the applicant not later than five days from the date the claim is received by the court.
The new law brings the Arbitration Procedure Code in line with other procedural codes: Code of Civil Procedure of the Russian Federation and the CAS of the Russian Federation CAS. Courts of general jurisdiction could previously refuse cases. If a case is rejected, the rejection can be appealed to a higher court. If the case is rejected, the claim is recorded as submitted on the day the initial request was made to the court.
Related Document: Federal Law of 19.12.2016 N 435-FZ entered into force on December 20, 2016
Translation by Alinga Consulting Group