“Pre-trial dispute settlement procedure: the main thing is that was done, not that was written” — Tatiana Tereshchenko for Zakon.ru

The "Review of the practice of applying the provisions of procedural legislation on mandatory pre-trial dispute settlement by arbitration courts" was approved by the Presidium of the Russian Federation Supreme Court on July 22, 2020.

In my opinion, paragraph 12 of the Review is interesting for contractual practice. Especially for the issue of changing or terminating a contract. Thus, I want to comment on it, as well as share the arguments inspired by it.

In particular, the Presidium of the RF SC stated that "the use of negotiation, mediation or other conciliation procedures constitutes acceptance of the parties under part 5 of article 4 of the APC measures for pre-trial settlement of the dispute only if the agreement was set to order pre-trial settlement of the dispute by conducting appropriate conciliation procedures". Further, in paragraph 12 of the Review, two examples are given – negative and positive.

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