CONSEQUENCES OF ENTERING INTO A VOLUNTARY SETTLEMENT AGREEMENT IN COMMERCIAL PROCEEDING

This article examines the consequences of concluding a settlement agreement. It is noted that the approach formulated in paragraph 15 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation 18.07.2014 N 50 “On reconciliation of the parties in arbitration proceedings” is based on a transactional approach to understanding the nature of a settlement agreement, which does not always correspond to the actual cases. The author thinks that the consequences of concluding a settlement agreement may concern only those claims that were the subject of legal proceedings, except for cases where the parties expressly provided otherwise in their agreement.

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Publication Details

Journal
Хозяйство и право.
Published
2024-11-21
DOI
https://doi.org/10.18572/0134-2398-2024-11-85-97
Primary Topic
Law, logistics, and international trade
Type
article
Field-Weighted Citation Impact
0.00
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article

CONSEQUENCES OF ENTERING INTO A VOLUNTARY SETTLEMENT AGREEMENT IN COMMERCIAL PROCEEDING

V. O. Vatamanyuk
Хозяйство и право.
Law, logistics, and international trade
article

CONSEQUENCES OF ENTERING INTO A VOLUNTARY SETTLEMENT AGREEMENT IN COMMERCIAL PROCEEDING

V. O. Vatamanyuk
article en

Abstract

This article examines the consequences of concluding a settlement agreement. It is noted that the approach formulated in paragraph 15 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation 18.07.2014 N 50 “On reconciliation of the parties in arbitration proceedings” is based on a transactional approach to understanding the nature of a settlement agreement, which does not always correspond to the actual cases. The author thinks that the consequences of concluding a settlement agreement may concern only those claims that were the subject of legal proceedings, except for cases where the parties expressly provided otherwise in their agreement.

Хозяйство и право.
Openalex Percentile: Top 53%
Law, logistics, and international trade
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