The procrastination provisions, which had been scheduled for removing, appeared in the new edition of the APCRF

The updated Arbitration Procedural Code will contain the unfinished provision on compensation for breaches of reasonable time periods for case consideration. The parties to the proceedings will be able to choose the forum, in which to seek the compensation: in district courts of arbitration, like now, or they may try their luck at the economy board of the unified Supreme Court. The State Duma adopted the draft law in the second reading today. Some practicing lawyers are surprised by such novelty on compensation for procrastination, while others see its benefits.

Alexander Bolomatov, Partner of the Law Firm "YUST", comments on the procrastination novelty: “The situation does appear unclear to me. On one hand, Article 34 of the APCRF [on the case’s jurisdiction] is not changed by the draft law. Apart from the update of the court name, the provision of the law of 2010 itself concerning the compensation for breach of reasonable time of case consideration is also not changed. On the other hand, a separate article on the right to file a similar request to the court board appears. And thus the latter provision kind of hangs in the air without any linkage to the material law”. A.Bolomatov also suggested that perhaps there was a technical mistake, which would be corrected later.

The complete article is available here.