ON THE MAIN PRINCIPLES OF ACKNOWLEDGEMENT A PETITION UNJUSTICIABLE

The article is devoted to the analysis of such grounds for refusal to accept a statement of claim, application for arbitration court proceedings, provided by Article 127.1 of the APC RF, as recognition of it as not subject to consideration by the courts. The author shows in what cases this ground is usually applied and gives some examples from judicial practice of application of this norm in other situations. Some examples indicate the need to provide additional clarifications on the part of the Supreme Court of the Russian Federation regarding the application of this ground, and others indicate the need to unify the norms of the Code of Civil Procedure of the Russian Federation, CAS of the Russian Federation and APC of the Russian Federation devoted to this ground.

Authors

Publication Details

Journal
Хозяйство и право.
Published
2024-11-21
DOI
https://doi.org/10.18572/0134-2398-2024-11-33-41
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
0.00
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article

ON THE MAIN PRINCIPLES OF ACKNOWLEDGEMENT A PETITION UNJUSTICIABLE

Andrey A. Ostroumov
Хозяйство и право.
International Arbitration and Investment Law
article

ON THE MAIN PRINCIPLES OF ACKNOWLEDGEMENT A PETITION UNJUSTICIABLE

Andrey A. Ostroumov
article en

Abstract

The article is devoted to the analysis of such grounds for refusal to accept a statement of claim, application for arbitration court proceedings, provided by Article 127.1 of the APC RF, as recognition of it as not subject to consideration by the courts. The author shows in what cases this ground is usually applied and gives some examples from judicial practice of application of this norm in other situations. Some examples indicate the need to provide additional clarifications on the part of the Supreme Court of the Russian Federation regarding the application of this ground, and others indicate the need to unify the norms of the Code of Civil Procedure of the Russian Federation, CAS of the Russian Federation and APC of the Russian Federation devoted to this ground.

Хозяйство и право.
Openalex Percentile: Top 52%
International Arbitration and Investment Law
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