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Is keeping silent a sign of consent?

18.01.2012

The procedure and conditions of application of Part 3.1 of Article 70 of the APCRF (acknowledgment of the circumstances not contested by a Party) are a source of many questions from arbitrators and parties to arbitrations.

What exactly does this norm govern: acknowledging the claim or the circumstances of the case?

Doesn’t it enter in contradiction of the competition principle?

How does Part 3.1 of Article 70 of the APCRF correlate with Part 5 of Article 70, Part 4 of Article 268, and Part 4 of Article 123 of the APCRF?

Alexander Yevdokimov, Advocate at the Law Firm "YUST", gave answers to these as well as other questions regarding the application of said norm, on the pages of the “Venture’s Lawyer: Q&A” magazine (№ 12, December 2011).

Full version of the publication is available here.


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