Arbitration Court of Moscow

Arbitration Court of Moscow
Name	Arbitration Court of Moscow
Native name	Арбитражный суд города Москвы
Established	1992
Country	Russia
Location	Moscow
Type	Regional arbitration court
Authority	Constitution of the Russian Federation; Arbitration Procedure Code

Arbitration Court of Moscow is a regional tribunal in the Russian judicial system handling commercial and economic disputes involving legal entities and individual entrepreneurs in Moscow. It operates within the framework established by the Constitution of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, and federal legislation. The court interacts with federal bodies such as the Supreme Court of the Russian Federation, the Council of Judges of the Russian Federation, and the Ministry of Justice of the Russian Federation.

History

The court was formed after the collapse of the Soviet Union during legal reforms of the early 1990s, contemporaneous with the adoption of the 1993 Constitution of the Russian Federation and the emergence of the Russian Federation's market reforms under President Boris Yeltsin. Its evolution mirrors milestones including the enactment of the Arbitration Procedure Code of 1995, amendments in the 2000s under Presidents Vladimir Putin and Dmitry Medvedev, and judicial consolidation influenced by the Judicial Reform of 2002 and decisions by the Constitutional Court of the Russian Federation. The court’s caseload has been shaped by major events such as the 1998 Russian financial crisis, the 2008 global financial crisis, and sanctions regimes following the 2014 Crimean crisis and the 2022 Russian invasion of Ukraine, with litigants including companies from sectors represented by Gazprom, Rosneft, Sberbank, Vnesheconombank, and VTB Bank.

Jurisdiction and Competence

The court exercises jurisdiction over disputes between commercial organizations, disputes involving state-owned enterprises such as ROSATOM and Russian Railways, bankruptcy proceedings relating to firms like Transaero and Yukos-era entities, and challenges to administrative acts issued by municipal authorities of Moscow City Duma and executive bodies of the Moscow Government. It handles property rights contested by corporations like Norilsk Nickel and LUKOIL, contract disputes involving construction firms such as Mosgaz and developers linked to Mirax Group, intellectual property conflicts touching rights of entities like Gazprom-Media and Yandex, and disputes over public procurement regulated by the Federal Law on Procurement and overseen by agencies including the Federal Antimonopoly Service.

Organization and Structure

The Arbitration Court of Moscow is organized into judicial panels and chambers patterned after structures in the Supreme Court of the Russian Federation and other regional arbitration courts such as the Arbitration Court of Saint Petersburg and Leningrad Oblast. It comprises civil-economic chambers, administrative chambers, and specialized panels dealing with bankruptcy, corporate disputes, and tax litigation connected to the Federal Tax Service of Russia. Administrative support units mirror practices in institutions like the Moscow Arbitration Court of Appeal and integrate registrar functions similar to those of the Judicial Department under the Supreme Court. The court building and facilities are located within administrative districts of Moscow, near institutions such as the Moscow City Court and the Moscow Arbitration Court of Appeal.

Judges and Appointment

Judges are appointed through procedures involving the President of Russia, the Federation Council (Russia), and recommendations from the Council of Judges of the Russian Federation. Candidates typically possess qualifications under statutes shaped by rulings of the Constitutional Court of the Russian Federation and training influenced by academies like the Russian Academy of Justice and the Moscow State Law Academy (MGYU). High-profile judicial appointments have been compared to selections in the Supreme Court of the Russian Federation and reviewed in academic publications by institutions such as Higher School of Economics and Moscow State University. Removal and disciplinary procedures can involve the Judicial Qualification Collegium and decisions appealed to the Constitutional Court of the Russian Federation.

Procedures and Case Types

Procedural rules follow the Arbitration Procedure Code of the Russian Federation and intersect with norms from the Civil Code of the Russian Federation when contract or property law issues are present. Common case types include corporate disputes involving joint-stock companies like Rostelecom and Sibur, bankruptcy petitions akin to proceedings in the Yukos bankruptcy, tax disputes involving Federal Tax Service of Russia audits of entities like Sberbank subsidiaries, enforcement of arbitral awards in line with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958), and maritime claims related to companies such as Sovcomflot. Pre-trial and evidentiary practices reflect standards seen in rulings by the Plenum of the Supreme Court of the Russian Federation.

Notable Cases and Decisions

The court has adjudicated cases affecting major corporations and state interests, with litigants that have included entities linked to Gazprom, Rosneft, Sberbank, VTB Bank, Interros, Sistema, and international firms engaged in disputes governed by treaties like Eurasian Economic Union agreements. Decisions concerning bankruptcy, corporate control contests reminiscent of the Yukos affair, and procurement litigation have influenced jurisprudence cited by the Supreme Court of the Russian Federation and commentators from the Higher School of Economics and Independent Bar Association. Some rulings prompted appeals to appellate bodies such as the Moscow Arbitration Court of Appeal and cassation review by the Supreme Court of the Russian Federation.

Criticism and Reforms

Scholars and practitioners from institutions like Russian Presidential Academy of National Economy and Public Administration (RANEPA), Moscow State University, and nongovernmental professional associations such as the Federal Chamber of Lawyers of the Russian Federation have debated judicial independence, transparency, and procedural efficiency. Critiques reference comparative studies involving the European Court of Human Rights, the International Bar Association, and reforms promoted by the Ministry of Justice of the Russian Federation and the Judicial Department under the Supreme Court. Reforms have included digitization efforts akin to initiatives by Rosreestr and e-filing practices similar to those in the Supreme Court of the Russian Federation, as well as legislative amendments influenced by economic actors like Russian Union of Industrialists and Entrepreneurs and regulatory guidance from the Central Bank of the Russian Federation.

Category:Courts in Russia