What are interim court measures and how they protect parties in arbitration.
Interim Measures by the Arbitration Court
In the current conditions of economic and banking crisis, the plaintiff is interested in the fastest possible consideration of the case and decision-making, as any delay may lead to the impossibility of enforcing the court's decision due to the defendant's potential insolvency.
Therefore, the attorneys of the Moscow Bar Association "YurProfi" recommend that their clients do not neglect the opportunity to apply to the arbitration court for interim relief.
The arbitration court, at the request of a party involved in the case or another person, may adopt urgent temporary measures aimed at securing the claim or the applicant's property interests (interim measures).
Interim measures are allowed at any stage of arbitration proceedings if failure to take such measures may complicate or make enforcement of the court ruling impossible, including when enforcement is expected outside the Russian Federation, or to prevent significant damage to the applicant.
An application for interim measures filed with the arbitration court is subject to a state fee of 1000 rubles.
Interim measures may include:
1) seizure of funds or other property belonging to the defendant and held by them or by third parties;
2) prohibition for the defendant and other persons to perform certain actions related to the subject matter of the dispute;
3) obligation imposed on the defendant to perform certain actions to prevent damage or deterioration of the disputed property;
4) transfer of disputed property for safekeeping to the plaintiff or another person;
5) suspension of collection under an enforcement or other document contested by the plaintiff, if such collection is carried out in an undisputed (direct debit) manner;
6) suspension of the sale of property in the case of a claim for release of property from seizure.
The arbitration court may also adopt other interim measures, as well as multiple measures simultaneously.
Interim measures must be proportionate to the stated claim.
A motion for interim measures may be submitted to the arbitration court simultaneously with the statement of claim or during the proceedings before the final decision is made. The motion may be included in the statement of claim.
The motion must be signed by a party to the case or their representative.
If signed by a representative, a power of attorney or other document confirming the authority to sign must be attached.