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

CIVIL PROCEDURE ON COMMENT


I.V. RESHETNIKOVA

I.V. RESHETNIKOVA,
Doctor of Legal Sciences, Professor,
Chairman of the Arbitration Court of the Ural District, Honored Lawyer
of the Russian Federation

DOI: 10.24031/2226-0781-2018-8-6-97-116

This commentary is an updated part of the article-by-article commentary to the Arbitration
Procedure Code of the Russian Federation, published in 2013 under the editorship of
P.V. Krasheninnikov. This commentary presents an updated analysis of Chapter 3
“Recusation” of the Arbitration Procedure Code of the Russian Federation. The following
main points and problems are noted in the commentary. Recusations are made not very
often, nevertheless, there has been a tendency to abuse of the right to declare recusations by
individuals involved in the case recently. The Code specified the rule on the inadmissibility
of the judge’s re-participation in the proceedings (comparing with the Arbitration Procedure
Code of the Russian Federation of 1995). The current rule concerns the prohibition to
consider the same case in other instances, but it does not contain a ban on the case being
re-examined by a judge (composition of judges) at the same instance if the judicial act is
canceled by a higher court and sent for a new consideration without special reservation
in other composition of the court. In the scientific literature there is an opinion about the
possibility of challenging an expert due to his incompetence. But it is debatable issue. From
the literal interpretation a negative answer follows, however, if we look at the tasks of the
preparation stage of the case, then in Art. 135 of the Arbitration Procedure Code of the
Russian Federation, it states that the court clarifies to the parties their right to consider
the case with the participation of arbitration assessors, resolves the issues of appointing an
examination, calling experts to a court session, engaging a specialist and a translator.

Keywords: arbitration procedure; court; judge; recusation; commentary.

Information about the author

Reshetnikova I.V. (Yekaterinburg, Russia) – Doctor of Legal Sciences, Professor,
Chairman of the Arbitration Court of the Ural District, Honored Lawyer of the Russian
Federation (620075, Yekaterinburg, Lenina St., 32/27; e-mail: f09.ireshetnikova@
arbitr.ru).

Recommended citation

Reshetnikova I.V. Postatejnyj kommentarij k Arbitrazhnomu protsessual’nomu
kodeksu Rossijskoj Federatsii (prodolzhenie) [Article-by-Article Commentary to the
Arbitration Procedure Code of the Russian Federation (continuation)]. Вестник граж-
данского процесса = Herald of Civil Procedure, 2018, no. 5, p. 97–116. (In Russian) DOI:
10.24031/2226-0781-2018-8-6-97-116

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Keywords