Commercial Litigation in Russian Arbitrazh Courts
Business disputes in Russia go to arbitrazh courts, which are state commercial courts rather than private arbitration. Elena Petrova represents claimants and defendants in the Arbitrazh Court of Moscow, the Ninth Arbitrazh Appellate Court, the Arbitrazh Court of the Moscow District and the Supreme Court of Russia.
Proceedings here are written and strict about deadlines. A missed objection or a gap in evidence can decide a case before the merits are argued, so preparation starts before the claim is filed.
Disputes Arbitrazh Courts Hear
The typical workload covers:
- supply and sale contracts: unpaid invoices, contractual penalties, interest under Article 395 of the Civil Code;
- commercial leases: early termination, return of security deposits, rent indexation;
- works and services: acceptance conflicts, set-offs, quality claims;
- intellectual property and unfair competition;
- damages claims against directors and controlling persons.
The Mandatory Claim Letter
Before most money claims can be filed, the Arbitrazh Procedure Code requires a pre-trial claim to the counterparty. Unless the contract sets a different term, the claimant waits 30 calendar days for a response. Filing early leads to the claim being returned.
The letter itself is evidence. It fixes the amount, the legal basis and the date from which the debtor knew of the demand. It should be sent to the address in the state register of legal entities and to any address named in the contract, with proof of dispatch kept for the court file.
Interim Measures as Leverage
A court may freeze the defendant's accounts or property if there is a risk that a judgment will not be enforced. The application must show that risk with facts: asset transfers, closing of branches, sudden changes of directors. A granted freeze often brings the other side to negotiations faster than any hearing.
If the court refuses, the application can be renewed when new facts appear. A defendant whose accounts are frozen may ask to replace the freeze with a bank guarantee or a deposit on the court's account.
Stages of a Case and Their Timing
| Stage | What happens | Usual timeframe |
|---|---|---|
| Pre-trial claim | Demand sent, response awaited | 30 days unless agreed otherwise |
| First instance | Written positions, hearings, judgment | Several months |
| Appeal | Review of facts and law | About two months after filing |
| Cassation | Review of law only | Up to several months |
Evidence That Carries Weight
Arbitrazh judges rely on documents: signed contracts, acceptance certificates, invoices, correspondence, bank statements. Witness testimony plays a minor role. Electronic messages count if the contract names the channel or if their authorship can be confirmed.
For the defendant, the first written response sets the frame of the case. Objections to jurisdiction, to the limitation period or to the calculation of penalties are raised there, not saved for later hearings.
Working With Foreign Clients
Clients receive English-language reports after each hearing and a procedural calendar showing upcoming deadlines. Papers issued abroad must carry an apostille or be legalized and then translated with a certified translation; this step is scheduled at the outset because it can take weeks.
Enforcement and Fees
Once the judgment enters into force, the claimant obtains a writ of execution from the court. The writ may be submitted to the bailiff service or presented straight to the bank holding the debtor's accounts. Fees start from RUB 120,000 per instance and are agreed in writing in advance. After reviewing the contract and claim materials, you receive a written assessment of the prospects.
The main channel of communication with the advocate is email: lawyer@lawyer-moscow.com.