RESOLUTION OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

of April 30, 2009 No. 34

About application by Arbitration Courts of part 3.1 of Article 38 and item 4 of part 2 of Article 39 of the Arbitral Procedure Code of the Russian Federation

For the purpose of ensuring uniformity in application by Arbitration Courts of provisions of part 3.1 of Article 38 and item 4 of part 2 of Article 39 of the Arbitral Procedure Code of the Russian Federation (in edition of the Federal Law of July 22, 2008 N 138-FZ) based on article 13 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation" Plenum of the Supreme Arbitration Court of the Russian Federation decides to make the following explanations.

1. According to part 3.1 of Article 38 of the Arbitral Procedure Code of the Russian Federation (further - the AIC of the Russian Federation) the claim for dispute in which one of the parties is the Arbitration Court is shown in Arbitration Court of the Moscow region, except for case if one of the parties in dispute is the Arbitration Court located in the territory of the Moscow judicial district. In this case the claim is made in Arbitration Court of the Tver region.

According to part item 4 2 Articles of 39 AIC of the Russian Federation the Arbitration Court submits case of other Arbitration Court of the same level if when considering the case in court it was determined that one of the parties in dispute is the same Arbitration Court.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info