Interim Measures in Russian Courts

Interim measures in Russia are court orders that preserve the status quo while a dispute is pending. The most common is a freeze on the defendant's bank accounts or property up to the amount claimed. An arbitrazh court considers the application no later than the day after it is filed, and a general court on the day it receives it, usually without notifying the other side.

Attorney Elena Petrova prepares interim measure applications for foreign claimants and defends clients whose assets have been frozen.

Measures Available to a Claimant

The Arbitrazh Procedure Code (Chapter 8) and the Civil Procedure Code list the main options, and the court may order other measures if they serve the same purpose.

A measure must relate directly to the subject of the claim.

The Test the Court Applies

The applicant must show that without the measure, enforcement of the future judgment may become difficult or impossible, or that significant harm may occur. A general fear is not enough.

Courts look for concrete signs: sale of assets after the dispute began, withdrawal of funds, change of directors, transfer of property to related companies. The Supreme Court Plenum addressed these standards in a 2023 resolution on interim measures. It asks courts to weigh the interests of both sides and the proportionality of the measure.

Evidence should be attached to the application: extracts from the state registers, bank correspondence, notices of liquidation or reorganisation, and correspondence showing evasion.

Speed and Timing

An application can be filed together with the claim or at any later stage, including on appeal. In arbitrazh courts, a party may also seek preliminary measures before filing the claim. The claim must then be lodged within fifteen days, or the measures lapse.

The other side usually learns of the freeze only when banks and bailiffs execute the writ.

Counter-Security and Protection of the Defendant

An arbitrazh court may require the applicant to provide counter-security for possible losses of the defendant. It takes the form of a deposit, bank guarantee or surety for at least half of the property claim. Offering counter-security voluntarily makes a refusal less likely.

The defendant may ask the court to replace the measure, for example by depositing the disputed sum. The defendant may also seek cancellation if the grounds have fallen away. If the claim is later dismissed, the defendant may sue for losses caused by the measures.

Frequent Reasons for Refusal

Applications fail most often for these reasons:

• no evidence that enforcement is at risk, only the claimant's assumptions;
• the measure goes beyond the subject of the claim;
• the freeze would stop the defendant's ordinary business entirely;
• the application duplicates the relief sought in the claim itself.

A refused application can be refiled with new evidence or appealed.

Practical Notes for Foreign Parties

A foreign company can seek interim measures in Russia in support of a Russian claim. The Arbitrazh Procedure Code also allows measures in support of arbitration proceedings. Corporate documents and powers of attorney must be apostilled and translated in advance, since there is rarely time to do it after the need arises.

Russian interim orders operate in Russia. Freezing assets abroad requires separate proceedings in the relevant country.

Securing Your Claim With Our Help

Send the claim summary and what you know about the defendant's assets. We assess whether the risk can be proven, choose the measure and prepare the application with supporting evidence.

The main channel of communication with the attorney is email: attorneypetrova1@gmail.com.