Book contents
- Multi-tier Approaches to the Resolution of International Disputes
- Multi-tier Approaches to the Resolution of International Disputes
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases
- Table of STATUTES AND INSTRUMENTS
- Table of Rules, Codes and Guidelines
- Abbreviations
- Part I A Global Overview of Multi-tier Dispute Resolution: Main Themes
- Part II Multi-tier Dispute Resolution in Asia
- Part III Multi-tier Dispute Resolution in the Wider World
- 11 Multi-tier Commercial Dispute Resolution Processes in the United States
- 12 Multi-tiered Dispute Resolution Clauses
- 13 Multi-tier and Mixed-Method Dispute Resolution in Canada
- 14 Multi-tier Dispute Resolution in Australia
- 15 Praised, but Not Practised
- 16 Multi-tier Dispute Resolution in Russia
- 17 Multi-tier Dispute Resolution under OHADA Law
- Part IV Conclusion
- Bibliography
- Index
16 - Multi-tier Dispute Resolution in Russia
from Part III - Multi-tier Dispute Resolution in the Wider World
Published online by Cambridge University Press: 09 December 2021
- Multi-tier Approaches to the Resolution of International Disputes
- Multi-tier Approaches to the Resolution of International Disputes
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases
- Table of STATUTES AND INSTRUMENTS
- Table of Rules, Codes and Guidelines
- Abbreviations
- Part I A Global Overview of Multi-tier Dispute Resolution: Main Themes
- Part II Multi-tier Dispute Resolution in Asia
- Part III Multi-tier Dispute Resolution in the Wider World
- 11 Multi-tier Commercial Dispute Resolution Processes in the United States
- 12 Multi-tiered Dispute Resolution Clauses
- 13 Multi-tier and Mixed-Method Dispute Resolution in Canada
- 14 Multi-tier Dispute Resolution in Australia
- 15 Praised, but Not Practised
- 16 Multi-tier Dispute Resolution in Russia
- 17 Multi-tier Dispute Resolution under OHADA Law
- Part IV Conclusion
- Bibliography
- Index
Summary
Multi-tier dispute resolution clauses are provisions in contracts that provide for distinct stages, involving separate procedures, for dealing with and seeking to resolve disputes. Multi-tier dispute resolution is used in Russian practice. But it must be recognised that Russian procedural legislation in support of ADR is still in the making. The rules of law governing pre-trial settlement of disputes have undergone many changes recently. Nonetheless, the legislature has been undecided for some time on the precise categories of dispute in respect of which a mandatory claim procedure or protocol should be established. The lawmaker has therefore revised the law in a disorderly fashion and that has generated caused intense criticism from the professional community. The main aim of pre-trial dispute regulation in Russia is to reduce the number of cases submitted to the courts. However, the backlog of cases before the courts continues to be as it was before the implementation of the most recent legislative amendments and the pre-trial settlement of disputes still remains mostly formal insofar as procedure is concerned (whether entered into as a result of mandatory requirements under the law or settled out of court by the parties). This article will start with an overview of the Russian judicial system. It will then review the institutions mentioned above, as well as analyse modern judicial practice in their application. It will conclude with practical recommendations for the improvement of pre-trial dispute resolution in Russia.
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- Multi-Tier Approaches to the Resolution of International DisputesA Global and Comparative Study, pp. 384 - 396Publisher: Cambridge University PressPrint publication year: 2021