New Rules for Submission of a Pre-trial Claim
On June 22, 2021, the Plenum of the Supreme Court for the first time issued detailed clarifications on how a dispute should be resolved before trial. We offer to consider the most important changes that await business today.According to new rules:
- Reconciliation is mandatory Mandatory pre-trial settlement of a dispute can be not only sending a claim, but also negotiating with the participation of a conciliatory party (for example, mediators). So, the creditor, before going to the commercial court, can replace the mandatory pre-trial procedure with any other conciliation procedure by sending the other party a proposal to carry it out. If a response from the debtor is not received within 30 days, then the proposal is considered rejected, and the mandatory pre-trial procedure follows. Compliance with the conciliation procedure may be proved by confirmation of the submission of a proposal to conduct the procedure, a protocol of disagreements or an agreement of the parties to terminate mediation without reaching an agreement, or a statement of refusal to continue mediation.
- Dispute procedure is not mandatory For filing a counterclaim and for a third party to take legal actions declaring independent claims, pre-trial order is not required in the judicial process.
- WhatsApp is allowed If earlier sending a claim by e-mail was not the most popular way due to the ambiguity of confirmation of sending, in 2021 the court believes that the claim can be sent to the debtor using social networks and any instant messengers, but only if the parties have agreed on this in advance, or if such way of communication is normal business practice for specific parties. It will be possible to prove the sending with the help of printed out screenshots, certified by the parties to the dispute, indicating the address of the Internet page from which the printout was made, as well as the exact time of its sending and receiving.
- Even with a typo The Supreme Court clarifies that technical errors made by the parties when filing a claim should not interfere with legal proceedings and delay the collection of receivables. Therefore, if an error was made in the claim in the amount of the principal debt or interest, but there is a reference to a specific substantive dispute between the parties and there is a proposal to resolve it, then such a claim should still be considered efficient and the claim can be filed with the court.
- Interest is not accrued The creditor has the right to indicate in the claim only the demand for the principal debt and not immediately count the interest, while declaring both demands in the claim at once. Court disputes are one of the main activity areas of TEAM that will be happy to help you both with pre-trial settlement of a dispute in any form, and for representation in court!