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ARTICLE-BY-ARTICLE COMMENTARY TO THE ARBITRATION PROCEDURE CODE OF THE RUSSIAN FEDERATION (chapter 6)

ARTICLE-BY-ARTICLE COMMENTARY

TO THE ARBITRATION PROCEDURE CODE

OF THE RUSSIAN FEDERATION (chapter 6)

I.V. RESHETNIKOVA,

Doctor of Legal Sciences, Professor,

Chairman of the Arbitration Court of the Ural District,

Honored Lawyer of the Russian Federation

DOI: 10.24031/2226-0781-2020-10-1-100-132

In this commentary, the author presents an updated analysis of Chapter 6 “Representation

in an Arbitration Court” of the Arbitration Procedure Code of the Russian Federation

as amended by Federal Law of November 28, 2018 No. 451-FZ, which amends certain

legislative acts of the Russian Federation that enter into force on the day it begins the

activities of the new cassation courts of general jurisdiction and the courts of appeal of

general jurisdiction. In accordance with the innovations, the essence of the reform in the

part of the commented chapter is that representatives from arbitration procedure, as well

as at the current moment in the administrative process, will need to submit evidence

of their competence. To participate in the process, representatives will need to present

an education certificate/university diploma of higher legal education or to confirm an

academic degree in a legal specialty. However, in the Arbitration Procedure Code, there are

several exceptions to the general rule defining the requirements for representatives, that is

the requirements for representatives do not apply to patent attorneys for disputes related

to the legal protection of intellectual property and individualization means, arbitration

managers in the performance of assigned on them duties in a bankruptcy case, as well as

other persons specified in the federal act.

Keywords: arbitration procedure; representation; advocacy; principal; agent.

References

Prikhodko I.A., Bondarenko A.V., Stoliarenko V.M. Kommentarii k izmeneniiam,

vnesennym v APK RF FZ ot 19.07.2009 g. № 205-FZ [Commentary to Amendments to

the Arbitration Procedure Code of the Russian Federation by Federal Law of July 19,

2009 No. 205-FZ]. Moscow: Mezhdunarodnye otnosheniia, 2010. 344 p. (In Russ.)

Radchenko V.I. (ed.). Kommentarii k GPK RF [Commentary to the Civil Procedure

Code of the Russian Federation]. 2nd ed. Moscow: Norma, 2006. 926 p. (In Russ.)

Sherstiuk V.M. Arbitrazhnyi protsess v voprosakh i otvetakh [Arbitration Procedure

in Questions and Answers]. Moscow: Gorodets, 1998. 336 p. (In Russ.)

Information about the author

I.V. Reshetnikova (Yekaterinburg, Russia) – Doctor of Legal Sciences, Professor,

Chairman of the Arbitration Court of the Ural District, Honored Lawyer of the Russian

Federation (32 Lenina St., Yekaterinburg, 620075, Russia; e-mail: f09.ireshetnikova@

arbitr.ru).

Recommended citation

Reshetnikova I.V. Postateinyi kommentarii k Arbitrazhnomu protsessual’nomu

kodeksu Rossiiskoi Federatsii (gl. 6) [Article-by-Article Commentary to the Arbitration

Procedure Code of the Russian Federation (Chapter 6)]. Vestnik grazhdanskogo protsessa

– Herald of Civil Procedure, 2020, vol. 10, no. 1, pp. 100–132. (In Russ.) https://doi.

org/10.24031/2226-0781-2020-10-1-100-132

I.V. RESHETNIKOVA