Arbitrazh Court Lawyer in Moscow: Disputes with the Tax Authority, Counterparties and Creditors
Russian arbitrazh courts are state commercial courts. They hear disputes between companies and entrepreneurs: debt recovery, challenges to tax decisions, corporate conflicts and bankruptcy. The outcome is decided by documents and deadlines. Evidence that was not filed at first instance is accepted on appeal only for a valid reason. The position is therefore built before the claim, and the case is handled at every level, from the Arbitrazh Court of the City of Moscow to the Supreme Court.
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Three Principles
The position is built before the claim
The claim letter, correspondence, reconciliation statements and primary documents later become evidence. On appeal, new evidence is accepted only if it could not be filed earlier for reasons beyond the party's control (Art. 268(2) of the Code). Evidence is therefore gathered before the lawsuit, not before the last hearing.
Deadlines are counted from day one
One month to appeal, two months for cassation, three months to challenge a tax decision in court after the mandatory appeal to the higher tax authority (Art. 198(4) of the Code, Art. 138(2) of the Tax Code). A missed appeal deadline is restored only if it was missed for reasons beyond the party's control (Art. 259(2)). The case calendar is drawn up at once.
A dispute rarely ends with the judgment
A tax judgment becomes the basis of a criminal case under Article 199 of the Criminal Code, a lost dispute with a creditor becomes a bankruptcy petition, and a debt confirmed by the court becomes a claim for the director's subsidiary liability. Each dispute is assessed together with what may follow it.
Arbitrazh disputes are decided by documents. The position is built before the first hearing: in the claim letter, the correspondence and the calculation of the claim.
How long an arbitrazh case can take: maximum periods under the Code
From the claim letter to a complaint to the Supreme Court. Mint marks the periods for the parties, gold the periods for the court.
- Claim letter30 days, Art. 4(5)
- Acceptance of the claim5 days, Art. 127
- First instanceup to 6 months, Art. 152
- Appealone month to file, Art. 259
- Appeal courtup to 3 months, Art. 267
- Cassation appeal2 months to file, Art. 276
- Cassation courtup to 3 months, Art. 285
- Supreme Court2 months to file, Art. 291.2
The chart shows the maximum periods set by the Arbitrazh Procedure Code. In complex cases appeal and cassation may be extended to six months (Arts. 267, 285); a judgment takes effect one month after it is made unless appealed (Art. 180).
Typical Situations
This is how such questions usually sound. Names and case details are not disclosed.
- A counterparty does not pay under a contract. Can we go to court right away, or is a claim letter needed first?
- The tax inspectorate assessed additional tax and the regional tax office rejected our appeal. How much time do we have to go to court?
- We have been sued and the first hearing is in two weeks. What should be done first?
- We lost at first instance. Is an appeal worth it, and what can still be added?
- A shareholder wants to recover damages from the former director. How should the defense be built?
- The debtor is moving assets while the dispute is pending. Can its accounts be frozen before judgment?
Specific Actions
- A pre-trial claim letter and correspondence that will later serve as evidence in court.
- Statement of claim, statement of defense, objections, calculation of the claim and the state fee.
- Interim measures: freezing of the defendant's accounts and property, a ban on registration actions (Arts. 90–99 of the Code).
- Representation in the Arbitrazh Court of the City of Moscow, the Ninth Arbitrazh Court of Appeal, the Arbitrazh Court of the Moscow District and arbitrazh courts of other regions.
- Challenging decisions of tax authorities after the mandatory pre-trial appeal (Chapter 24 of the Code) — see tax audit defense.
- Corporate and bankruptcy disputes: director's liability for damages (Art. 53.1 of the Civil Code), challenging transactions, subsidiary liability.
- Appeals and cassation appeals, including to the Judicial Collegium for Economic Disputes of the Supreme Court.
Working Procedure
- Documents — the contract, correspondence, acts, calculation, the court's or the inspectorate's decision — everything there is on the dispute
- Assessment — prospects, deadlines, state fee and costs; options without court, if there are any
- Position — claim letter or lawsuit, statement of defense, evidence and, where needed, interim measures
- Hearings — attendance in person or by web conference (Art. 153.2 of the Code), written submissions as the case proceeds
- Appeal and enforcement — an appeal or cassation appeal, or a writ of execution and recovery
From RUB 35,000
The exact cost is determined after an initial review of the documents. The hourly consultation rate is RUB 15,000.
Detailed Materials on the Topic
Articles and related practice areas: statistics, statutory provisions and real cases.
Most Common Questions
?What is an arbitrazh court in Russia?
It is a state commercial court, not private arbitration. Arbitrazh courts hear economic disputes between companies and entrepreneurs, challenges to decisions of tax and other authorities, corporate disputes and bankruptcy cases. In Moscow these are the Arbitrazh Court of the City of Moscow, the Ninth Arbitrazh Court of Appeal and the Arbitrazh Court of the Moscow District; the final level is the Supreme Court.
?Who may represent a company in an arbitrazh court?
An advocate or another person providing legal assistance who has a higher legal education or an academic degree in law (Art. 59(3) of the Arbitrazh Procedure Code). An advocate also holds a status obtained after a qualification exam and is bound by professional secrecy and the Code of Professional Ethics.
?Is a pre-trial claim letter required?
For disputes over money arising from contracts, other transactions and unjust enrichment, yes. The lawsuit may be filed 30 calendar days after the claim letter was sent, unless the law or the contract sets another period (Art. 4(5) of the Code). Without it the court returns the claim or leaves it without consideration (Arts. 129, 148).
?How do you file a claim with an arbitrazh court via My Arbitr?
A claim may be filed on paper or electronically (Article 125(1) of the Arbitrazh Procedure Code). Electronic filing goes through the My Arbitr system with a Gosuslugi (public services portal) login; a claim containing a motion for interim measures must be signed with a qualified electronic signature. The claim is accompanied by: proof that copies of the claim and attachments were sent to the defendant; proof of payment of the state fee; the documents supporting the claims; the pre-trial claim letter and proof of its dispatch where the pre-trial procedure is mandatory; the representative's power of attorney with a copy of a law degree or an advocate's certificate; extracts from the Unified State Register of Legal Entities or of Individual Entrepreneurs for the claimant and the defendant (Article 126(1)). If anything is missing, the court leaves the claim without movement (Article 128(1)).
?How long does a case take?
The first instance must decide the case within six months of the claim's receipt, including preparation (Art. 152). Appeal and cassation take up to three months each, extendable to six in complex cases (Arts. 267, 285). A judgment takes effect one month after it is made unless it is appealed (Art. 180).
?Can the case be handled remotely?
Yes. The attorney files documents electronically through the My Arbitr system and can attend hearings by web conference if the court grants the motion and has the technical means (Art. 153.2 of the Code), so the client does not need to travel to Moscow.
?What is the state fee?
For a property claim of up to RUB 100,000 it is RUB 10,000, and above that it follows a scale based on the amount claimed (Art. 333.21 of the Tax Code). An organization pays RUB 30,000 for an appeal and RUB 50,000 for a cassation appeal.
?How much does an arbitrazh court lawyer cost?
A consultation is RUB 5,000 for 30 minutes by voice or RUB 15,000 for an hour by video with a written summary. A statement of claim or defense starts at RUB 35,000; an appeal or cassation appeal at RUB 50,000. Handling the whole case costs from RUB 500,000 to RUB 1.5 million, paid by stage. In arbitrazh disputes a success fee may be agreed; its amount and conditions are written into the agreement before work begins.
Sources
- Arbitrazh Procedure Code of the Russian Federation, Art. 4(5) (pre-trial procedure)
- Arbitrazh Procedure Code, Arts. 59, 90–99 (interim measures), 127–129, 148, 152, 153.2, 180
- Arbitrazh Procedure Code, Art. 198 and Chapters 34–36.1 (appeal, cassation, review by the Supreme Court), Arts. 259, 267, 268, 276, 285, 291.2
- Tax Code of the Russian Federation, Art. 138 (pre-trial appeal), Art. 333.21 (state fee)
- Civil Code of the Russian Federation, Art. 53.1 (liability of persons authorized to act on behalf of a legal entity)
Author: Alexander A. Fishchuk, advocate (Krasnodar Krai Bar Chamber, register No. 23/5500). Provisions checked against the statutory texts on . The page reviews the practice as of its publication date; a specific situation requires an individual consultation.
Describe the Situation
Send the contract, correspondence and calculation, or the claim and the court's ruling: the attorney will assess the prospects and deadlines. Attorney-client privilege applies from the moment you contact the attorney.
