Moscow, Russia

Orders of Russian Courts in Support of Arbitration Proceedings

By Ilia Rachkov and Anna Shcherbakova, Nektorov, Saveliev & Partners

Claimants who brought their lawsuits before international arbitration outside Russia may require assistance from Russian courts to impose interim measures on the respondent or third parties whose property is located in Russia.

As a rule, interim measures are available at any stage of the arbitration proceedings and even prior to filing a lawsuit(1), for arbitrations seated both in Russia and abroad(2) as well as for domestic and international arbitrations(3).

In order to obtain an interim measure a claimant has to demonstrate that:

  • A failure to grant such measures will result in i) diffculty or impossibility in enforcing the arbitral award, and ii) considerable loss for the claimant(4). The claimant has to demonstrate to the court a real risk of dissipation of assets by the respondent(5).

    Requested interim measures are compatible with the claim submitted to the arbitral tribunal(6) and are reasonable and valid(7).
  • Granting the interim measures will ensure a balance between the interests of the parties to the dispute, and will prevent the infringement of public interests and the interests of third parties(8).
  • The dispute is arbitrable(9) and the arbitration agreement is valid.
  • Interim measures have not been taken by the foreign arbitration and are not performed on a voluntary basis (in case the dispute falls within the competence of the foreign arbitration)(10).

The most frequent reason why Russian courts refuse to grant interim measures is the lack of evidence to the effect that i) the enforcement of the award in the future would be impossible and/ or ii) there is a real risk of dissipation of assets by the respondent. In general, Russian courts grant interim measures in support of international arbitration more frequently than in the past, but still relatively rarely.


1 Art. 90 (2) and Art. 99 APC.

2 Para. 36 of Resolution No. 53 of the Plenum of the Supreme Court of the Russian Federation “On Performing of Assistance and Control Functions in Relation to Domestic Arbitration and International Commercial Arbitration by the Courts of the Russian Federation”, dated 10 December 2019 (hereinafter – Plenum No. 53).

3 Para. 51 of Resolution No. 23 of the Plenum of the Supreme Court of the Russian Federation “On Consideration by Arbitrazh Courts of Economic Disputes Involving Cross-Border Relations”, dated 27 June 2017 (hereinafter – Plenum No. 23).

4 Art. 90 (2) APC.

5 Ruling of the Arbitrazh court of the Samara region dated 12 January 2016, case No. A55-22/2016.

6 Art. 91 (2) APC, Para. 36 of Plenum No. 53.

7 Para.10 of Resolution No. 55 of the Plenum of the Supreme Arbitrazh Court of the Russian Federation “On Granting Interim Measures by the Courts”, dated 12 October 2006 (hereinafter – Plenum No. 55).

8 Para.10 of Plenum No. 55.

9 Information letter No. 78 of the Supreme Arbitrazh Court of the Russian Federation “On the Case Law of Granting Interim Measures by the Arbitrazh Courts”, dated 12 October 2004.

10 Para. 29 of Information letter No. 158 of the Supreme Arbitrazh Court of the Russian Federation “Overview of Arbitrazh Courts Practice Concerning the Cases Involving Foreign Parties”, dated 09 July 2013.


Ilia Rachkov

Ilia Rachkov

GGI member firm
Nektorov, Saveliev & Partners
Law Firm Services
Moscow, Russia
T: +7 495 646 81 76
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Nektorov, Saveliev & Partners is a law firm established in 2006 in Moscow, Russia and focuses on providing comprehensive legal solutions to corporate and private clients under Russian and English law. Their main practice areas are public-private partnership, tax, corporate and M&A, arbitration and litigation, banking and finance, investments, and real estate. They provide legal support to clients in Russia, CIS countries (Belarus, Kazakhstan, Ukraine), and worldwide.

Ilia Rachkov specialises in dispute resolution, arbitration, and international trade law.
Anna Shcherbakova

Anna Shcherbakova

GGI member firm
Nektorov, Saveliev & Partners
Law Firm Services
Moscow, Russia
T: +7 495 646 81 76
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W: www.nsplaw.com

Anna Shcherbakova specialises in dispute resolution in insolvency proceedings.


Published: Litigation & Dispute Resolution Newsletter, No. 12, Spring 2020 l Photo: yulia_terekhina - stock.adobe.com

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