According to the position of the Supreme Commercial Court of the Russian Federation (the “SCC”), arbitration courts are not permitted to review corporate disputes.
In a recent case, the SCC indicated that an arbitration court does not have the right to review disputes on ownership rights to shares, given that the Arbitration Procedural Code of the Russian Federation (the “APC”) expressly establishes the specific jurisdiction of state commercial courts to review corporate disputes listed in Article 225.1 of the APC.
Consequently, the ability of arbitration courts to review corporate disputes, as indicated in the aforesaid article of the APC, has been placed in doubt.
[Decree No. 15384/11 of the Supreme Commercial Court of the Russian Federation, dated 30 January 2012, on case No. A40-35844/11-69-311]