Our lawyers can help you dispute in Russia to settle out of court or help you to represent your interests before Russian courtsOur Intervention and debt collection service helps you in the mediation of disputes, and outstanding claims in Russia. You also benefit from our power-of-court representation and enforcement of court judgments. Business to maintain relations and to dispense with additional expenditure, the Russian legislation the possibility to reach the settlement of disputes in the context of the claim process (out-of-court procedure). The information centre of the German economy, the commercial Department of the German-Russian chamber of Commerce offers you the following services: If the dispute cannot be within an out-of-court proceedings resolved, it is possible to defend the violated rights by judicial process. An important role is played here by a knowledgeable issued the action request. The lawyers of the information centre, have a large experience in representing the interests of foreign entrepreneurs in the Russian judicial institutions, can support the customer in the creation of a relevant claim application and the preparation of the required documents package. The claim is the court of competent jurisdiction to have been filed A dispute between the parties cannot be out-of-court rules, the courts open. The Russian Court system has its drawbacks, however, is structured, precise, able to work and efficiently. In addition, the negotiations compared to the Western dishes are more compact and are less expensive. The lawyers of the information centre can offer you a competent support in the ordinary courts and Arbitrage in all instances. It is complicated to win in a legal dispute, but it is more complicated, the actual in force of the court decision into practice. In the case of the enforcement of the judicial decisions of the information centre the following services are offered: your contract partner can be for a number of reasons as an insolvent, and in times of crisis, lack of contract payments everyday practice. Even longtime customers of your like with the fulfilment of Obligations in the lurch don't leave - in this case, only the partnership, but also the financial prosperity threatened by one or more Contracting parties. What to do if the Russian Partner pays We frequently have to cope with this Situation, because the affected foreign company informs a Russian business partner for a long and polite on a due debt, but only by E-Mail or by phone.
In a certain Phase should be resorted to, however, be more radical measures.
Here are some practical recommendations: The court costs in Russia relatively low, the decision deadlines are in Russian courts is much shorter than in Europe. The court costs (in case of a positive outcome of the proceedings) by the debtors are collected. In addition, Russian companies, as soon as they are simply faced with a legal proceeding, the numbers start to, without a court hearing. It should be advised that in working with Russian contract partners in prevention should be practiced to avoid conflict situations. To this end, they formulate the contract with the utmost care and maximise the use of secure, before it should come to that bills are paid and obligations will not be met. One of the most important aspects in the conclusion of a Treaty, the choice of the court, in front of your potential dispute should be negotiated with a Russian counterparty. The practice shows that many companies increasingly opt for the International commercial arbitration court at the chamber of Commerce and industry of the Russian Federation. The International commercial arbitration court at the chamber of Commerce and industry of the Russian Federation (despite its name) not to the System of arbitration courts of the RF. It is an independent, constantly-acting arbitrage device (Court of arbitration). The court regulates commercial disputes of an international character, and acts in accordance with the law of the Russian Federation"On international commercial Arbitrage". The International commercial arbitrage court is a member of the International Federation of Commercial Arbitration Institution (IFCAI). The International commercial arbitration court at the chamber of Commerce and industry of the RF may be released with the consent of the parties to the dispute in the following cases: So that your dispute can be negotiated by the International commercial arbitrage court, must be included in your contract, a special arbitration(arbitration)clause, in this Form:"All disputes, differences or claims arising out of this agreement (this agreement) or in connection therewith, and relate to, among other things, its (their) settlement, breach, termination or invalidity, are subject to regulation by the International commercial arbitration court at the chamber of Commerce and industry of the Russian Federation in accordance with its rules of procedure. “ The formulation may also contain more Details, if the parties want to agree on all aspects of any legal proceedings in more detail, and the language (Russian or a foreign language), their relationships to applicable law, the number and nationality of the referee and other conditions. The court of arbitration is acting in strict Accordance with the norms of the Russian law"On international commercial Arbitrage"and is governed by the procedural rules (its English Version is published on the Website of the court). The court's decision is binding for both parties to the dispute and will be recognised in other States as legitimate. It should be noted that the enforcement of Judgments of state of the Russian courts on the territory of other States, as well as the decisions of foreign courts in Russia as a very difficult or in principle impossible, since Russia has only to judge a few international agreements on the recognition of the court signed and ratified. The enforcement of decisions of the International commercial arbitrage court, however, is on the territory of most countries of the world. Among the advantages of the choice of the International commercial arbitrage court as a judicial organ, the short Procedure time limits, as well as the significant savings in court costs (in comparison to similar institutions such as the arbitration courts in Stockholm, London, Paris, Vienna or Zurich). More Details about the International commercial arbitration court at the chamber of Commerce and industry of the RF, you can find on the official Webpage at: decisions of foreign courts can be recognized in Russia. A special exists, legally defined procedures However, it is noted that in Russia, the presence of a specific international agreement with the respective state serves as the legal basis for recognition and enforcement of decisions of foreign courts. Russia has signed a series of bilateral conventions with some countries of the former CIS. It also has additional bilateral agreements on the recognition and enforcement of court decisions of other States (not to individual categories of cases, such as family, Inheritance, property etc.). This is the full list of States (with the exception of the CIS), with which Russia has such an agreement: Russia currently has no bilateral agreements on recognition and enforcement of court decisions in Germany and the vast majority of European countries. The bilateral agreements with Italy and Cyprus, only a few categories of cases. There are some Differences between the decisions of the ordinary courts and the arbitration courts. While there are, in practice, the arbitration courts are cases in which the decision of a foreign court legalized even in the absence of a bilateral agreement on the mutual recognition and enforcement of court decisions and can be accomplished, there is this possibility in the courts of ordinary Jurisdiction only in the presence of the relevant agreement. It should be noted that cases of recognition of decisions of foreign state courts in Russia in the Absence of a bilateral agreement, is extremely rare and rather an exception.
The procedure of recognition of decisions of foreign state courts (i.e.
the courts from the above directory) is in the corresponding chapters of the civil and the arbitration court of the written procedure. Chapter twenty-one describes thirty Arbitration procedure code of the RF detailed description of the procedure of recognition of decisions of foreign state and non-state (commercial) courts. The procedure of legalization (recognition) is accompanied by a Gerichtsakt of the corresponding arbitration court of the RF, and ends with a decision on the recognition and enforcement of a foreign court decision. Important: All of the in a Russian court to be submitted documents must be translated by an Apostille legalized. Thus, to be filed with a Russian court documents in the Russian language. The court require proceedings to Russian (both Arbitrage and ordinary) courts of law small financial outlay, and the procedure runs very quickly. Separately, the recognition of decisions of foreign commercial (arbitration) courts should be mentioned. The international arbitration courts (chambers) in London, Stockholm, Paris and Vienna, which enjoy high confidence on the part of the international legal community, and make a lot of decisions that affect the Russian natural and legal persons. These decisions are binding for the parties designate a specific court of arbitration, independent arbitration, which is entitled to decide the dispute between the parties. The practice shows that more and more participants in the economy transport, the regulation of their disputes, preferably commercial and not the state courts.
In Russia the International commercial arbitration court at the chamber of Commerce and industry of the RF, the most prestigious of these courts.
