CHAPTER 31 - Russia - Interim Measures in International Arbitration
Author(s):
Alexander S. Komarov
Page Count:
8 pages
Media Description:
1 PDF Download
Published:
May, 2014
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Originally from: Interim Measures in International Arbitration
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RELIEF PROVIDED BY COURTS
1. (a) Are courts authorized to issue orders of attachment,
injunctions or other provisional orders with respect to
arbitration proceedings?
According to Art. 90.3 of the Arbitrazh Procedural Code of the
Russian Federation (APC) on application of a party to arbitration
proceedings the arbitrazh court may order provisional measures. The
rules regulating provisional measures relating to court proceedings are
applicable as well to provisional measures in connection with arbitration.
Provisional measures ordered by the court may include the following:
1) attachment of assets of the Respondent
2) injunction with regard to the activity of the Respondent relating
to the subject-matter of the dispute
3) imposing a duty on the Respondent to perform certain actions to
protect the property-in-dispute
4) transfer of the property-in-dispute to the third person
It is prescribed in the law that the provisional measures could be in
other forms and that they should be proportionate to the amount of the claim.
2. What are the conditions that must be satisfied by an applicant
for a court to grant provisional remedies in relation to
arbitration?
There are no special requirements for granting provisional remedies
in relation to arbitration.
3. (a) If provisional relief in connection with arbitration is
available from a court, may such orders of provisional relief
be in connection with arbitration taking place only in your
country (domestic), or outside the country (foreign) as well?