Arbitrazh Court: FAQ
Arbitrazh courts are Russia's state commercial courts. They hear disputes between companies and entrepreneurs, corporate conflicts and bankruptcy cases. A first-instance case is meant to finish within three months, and the system allows three further levels of review. Attorney Elena Petrova answers fifteen questions from foreign businesses.
Jurisdiction
What cases go to arbitrazh courts?
Economic disputes between businesses, disputes with state authorities, corporate conflicts, bankruptcy and the recognition of foreign judgments and arbitral awards.
Is an arbitrazh court the same as arbitration?
No. It is a state court. Private arbitration is a separate system.
Can a foreign company sue here?
Yes, if the defendant is in Russia, the contract was performed there, or the parties chose a Russian court.
Filing a Claim
How is a claim filed?
Online through the My Arbitr service, or on paper. The claim must be sent to the defendant first.
Is a pre-trial demand needed?
Yes, in most money disputes. The claim is filed thirty days after sending the demand.
How are hearings tracked?
Each case has a public card on kad.arbitr.ru showing documents and hearing dates.
Timelines
| Stage | Court | Period |
|---|---|---|
| First instance | Regional arbitrazh court | 3 months |
| Appeal | Appellate arbitrazh court | 1 month to file |
| Cassation | District arbitrazh court | 2 months to file |
| Supreme Court | Economic Collegium | Only on selected grounds |
Why do cases take longer with foreigners?
Serving documents abroad under international treaties takes months, and courts extend the case to allow proper notice. Choosing a Russian address for service in the contract saves time.
Evidence and Experts
What evidence works best?
Written documents: contracts, acts, invoices and correspondence. Witness testimony plays a smaller role. Emails and messenger chats are accepted when the contract or practice shows the parties used them, and a notarial record of web pages helps against later deletion.
Who appoints an expert?
The court, on a party's motion. Parties propose candidates and questions, and the requesting party deposits the fee.
Simplified Procedure
When does it apply?
For small claims below set thresholds and for undisputed documents. The case is decided on written materials without a hearing, usually within two months. Either party may ask to switch to the general procedure if the facts need a closer look.
Appeals
What does the appellate court review?
Facts and law. New evidence is accepted only with a valid reason for not presenting it earlier.
When does a decision take effect?
One month after the full text, unless an appeal is filed.
Enforcement
How is a decision enforced?
The court issues a writ, which is sent to bailiffs or the debtor's bank.
Can the court freeze assets first?
Yes. The court may order interim measures if there is a risk the decision will not be enforced. A creditor may even request preliminary measures before filing the claim, and then must file it within fifteen days.
Can a foreign arbitral award be enforced here?
Yes. Russia is party to the 1958 New York Convention. The award holder applies to the arbitrazh court at the debtor's location or where its assets are, and the court checks only the grounds for refusal listed in the Convention.
The main channel of communication with the attorney is email: attorneypetrova1@gmail.com.