services in the commercial courts
The commercial courts in Russia (called 'arbitrazh'
courts but not to be confused with arbitration proper, which is
a responsibility of the Chamber of Commerce in Russia, as elsewhere)
deal with cases about protection of the violated or disputed rights
and interests of enterprises, institutions, organizations and
individuals in business and other economic activities.
Companies and entrepreneurs can fully protect their
infringed rights and interests only in the courts, and this responsibility
should be entrusted to professionals. Effective understanding
and use of the court process can be undertaken only by a lawyer
specializing in commercial disputes.
In a commercial court process it is first necessary
to determine which court in fact has the appropriate competence
to resolve a dispute. At this stage it may also be possible to
estimate the likely cost of proceedings.
At the beginning of proceedings, correct formulation
of a claim is of vital importance, whether as part of a pre-trial
negotiation process or as a preliminary to judicial proceedings
as such. There may also be judicial steps that can be taken to
protect or secure property or other rights, and these need to
be taken in due time.
If the litigant is the subject of a claim or adverse
behaviour, then again it is of great importance to formulate and
present a statement of objections and/or a counter-claim.
Needless to say, detailed knowledge of Russian contract
and commercial law is indispensable while these steps are being
taken. More cases are lost through inadequate preparation than
are ever lost in the court-room.
Attorney Yarmush provides legal representation for
clients in the commercial (arbitrazh) courts of the Russian Federation,
at the arbitration tribunal, in ICAC economic disputes and other
cases related to business activities.
Maria Yarmush is experienced in assisting
clients in the International Commercial Arbitration Court at the
Chamber of Commerce of the Russian Federation, as well as in the
civil, commercial and appeal courts.