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ON THE CONCEPT AND CONTENT OF “ANOTHER ORDER OF PRE-TRIAL SETTLEMENT OF DISPUTES, ESTABLISHED BY THE AGREEMENT”

JUDICIAL AUTHORITY AND PRACTICE


D.G. FILCHENKO, E.A. EVTUKHOVICH

D.G. FILCHENKO,
Candidate of Legal Sciences, Associate Professor, Department of Civil Law and Procedure,
Voronezh State University

E.A. EVTUKHOVICH,
Lecturer, Department of Civil Law and Procedure,
Voronezh State University

The article analyzes the provisions of the arbitration procedural legislation and the practice
of its application on a different pre-trial dispute settlement procedure established by the
contract. A different pre-trial procedure is considered as an alternative to the general
claim procedure for resolving disputes. The characteristic features of a different pre-trial
order have been revealed. The authors summarized the practice of arbitration courts,
highlighting other demanded pre-trial dispute settlement procedures. In particular,
examples of atypical other methods of dispute settlement are provided. Separately, the issue
of the admissibility of the cancellation of the general claim procedure for the settlement of
disputes by the agreement was considered. An independent subject of the authors’ analysis
was mediation as a pre-trial dispute settlement procedure. The work also focuses on the
impact of a different pre-trial dispute settlement procedure on the course of the limitation
period. The article discusses the provisions of the Resolution of the Plenum of the Supreme
Court of the Russian Federation of 22 June 2021 No. 18 “On Some Issues of Pre-Trial
Settlement of Disputes Considered in Civil and Arbitration Proceedings”. Some of the
recommendations of the Plenum of the Supreme Court of the Russian Federation received
critical assessment. The authors note the existing contradictions in the legislation and
possible ways to overcome them, formulate individual conclusions as a result of studying
the materials of the practice of arbitration courts.

Keywords: pre-trial order; claim; dispute settlement; other pre-trial contractual order;
mediation; negotiations; limitation of actions; going to court; arbitration court.

References

Abova T.E. Norma o svobode dogovora ostaetsia osnovopolagaiushchei dlia vsego
nashego obiazatel’stvennogo prava [The Norm of Freedom of Contract Remains Fundamental
to All Our Law of Obligations]. Vestnik Arbitrazhnogo suda Moskovskogo okruga –
Herald of the Arbitration Court of the Moscow District, 2017, no. 2, pp. 6–20. (In Russ.)

Information about the author

D.G. Filchenko (Voronezh, Russia) – Candidate of Legal Sciences, Associate Professor,
Department of Civil Law and Procedure, Voronezh State University (1 Universitetskaia
Sq., Voronezh, 394036, Russia; e-mail: d.filchenko@mail.ru).

E.A. Evtukhovich (Voronezh, Russia) – Lecturer, Department of Civil Law and
Procedure, Voronezh State University (1 Universitetskaia Sq., Voronezh, 394036, Russia;
e-mail: egor.vsu.sno@rambler.ru).

Recommended citation

Filchenko D.G., Evtukhovich E.A. K voprosu o poniatii i soderzhanii «inogo poriadka
dosudebnogo uregulirovaniia sporov, ustanovlennogo dogovorom» [On the Concept and
Content of “Another Order of Pre-Trial Settlement of Disputes, Established by the Agreement”].
Vestnik grazhdanskogo protsessa – Herald of Civil Procedure, 2021, vol. 11, no. 4,
pp. 282–298. (In Russ.) https://doi.org/10.24031/2226-0781-2021-11-4-282-298

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