Changes in the Arbitration Procedure Code of the Russian Federation: Simplified procedure, court expenses, terms of consideration
Background
On 5 January 2024, Federal Law No. 667-FZ of 25 December 2023 entered into force, introducing a number of changes to the Arbitration Procedure Code of the Russian Federation (APC RF). Below are the most significant changes.
The new simplified procedure for limit of 1.200.000 rubles.
Claims of legal entities for recovery of funds with a claim price within the limit of 1.200.000 rubles may now be considered under the simplified procedure. Previously, this threshold was 800.000 rubles. For claims by individual entrepreneurs the threshold is now 600.000 rubles (previously 400.000 rubles).
It should be remembered that other cases may also be considered by way of simplified proceedings.
Reimbursement of court costs in simplified procedure
Applications for reimbursement of court costs will be considered in accordance with the procedure provided for in Chapter 29 of the APC RF (simplified procedure), i.e. without summoning the parties to court to participate in the hearing.
Apparently, as a general rule, the amount of court costs does not matter (i.e. even if it exceeds 1.2 million rubles, the claim will be considered in “simplified” procedure by default).
We believe that with this change, the likelihood of recovery of court costs in full decreases even more, as the applicant will have even fewer opportunities to convey its position to the court.
Time limits for consideration of appeals have been increased
The deadline for the court to consider appeal and cassation appeals has now been increased to 3 months.
MAGENTA Legal lawyers provide litigation services in Russian state commercial (arbitrazh) courts and courts of general jurisdiction in commercial disputes and disputes with state authorities. Managing Partner Anton Shamatonov has over 15 years of experience in litigation in all court instances, including the Supreme Court of the Russian Federation.