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Russian Court. Russian Supreme Court of Arbitration . Appeals. Appeal foundation . Supreme Court of Arbitration of the Russian Federation was founded in 1922 the court us the final instance in commercial disputes in Russia. it supervises the work of lower courts of causing precedent.
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Appeal foundation Supreme Court of Arbitration of the Russian Federation was founded in 1922 the court us the final instance in commercial disputes in Russia. it supervises the work of lower courts of causing precedent
Appeal process • Plenary sessions of the Supreme Court are held at least once every four months. • At plenary sessions the Supreme Court studies the judicial decisions of lower courts on various topics and adopts resolutions. • Russian law does not recognize judicial precedent as a source of law, but courts strictly follow such recommendations.
Appeals decision • Russia appeals ECHR ruling in favor of ex-YUKOS employee. • Russia’s Supreme Court Reverses Ruling on Khodorkovsky Appeal. • Supreme Court rejects appeal from Russia's VTB Capital.
Judges • All judges are nominated by the president of Russia • Appointed by the Federation Council • At least 35 years old • Have legal education • 10 years of experience • Russian nationals
Chairman • Currently Anton AlexandrovichIvanov • Supervises work of the court • Convenes sessions of the Presidium of the Court and plenary sessions • Appoints the Court’s employees and guides its work • Represents court in government offices • Has several deputies
Boards • 2 Boards for case hearing • Private law • Public law • Supervises decisions of lower courts of arbitration whenever appeal is lodged by a disappointed party
Presidium • Deals with appeals on decisions of lower courts of arbitration which are already in force • Only the Prosecutor General of Russia, Chairman, and his deputies can bring appeal to the Presidium • Execution of the decision of lower court may be delayed
What types of cases does the Court of Arbitration hear? The Court of Arbitration hears cases about commercial disputes. It also gives interpretation of law about their implementations.
Case • In 1998 • “A Russian buyer and a Bulgarian seller concluded a written contract for the sale of goods. The contract contained a choice of law clause in favor of Russian law. The seller commenced arbitration proceedings against the buyer claiming damages for breach of contract on account of the buyer's failure to pay the price. The buyer defended itself on the grounds that the contract had been modified by the parties over the telephone, and that the price had already been paid but the money was stolen from the foreign bank, as was evidenced by a penal prosecution pending abroad. “ • Decision • The court ruled that the contract could not change by verbal agreement. • The court rejected the buyers defense saying that it was not beyond his control (under Art. 79 CISG.)
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