Article

Settlement arrangements in arbitration

New settlement arrangements were set within the legal proceedings in general jurisdiction and arbitration courts.

Relevant changes were made to the Code of Administrative Judicial Procedure, Arbitral Procedural Code and Civil Procedural Code of the Russian Federation by the Federal Law of July 26, 2019 №197-FL.

It is worth reminding that among settlement arrangements are negotiations, intermediation, including mediation, judicial conciliation and other arrangements, which do not contradict the legislation of Russia.

The changes fixed the following:

  • the procedure and terms of implementation of settlement arrangements;
  • requirements to the form and content of the settlement agreement, procedures for its approval by the court and execution were defined;
  • retired judges got the right to be a mediator or judicial conciliator;
  • the procedure for notary certification of mediation agreements reached by the parties in accordance with the mediation procedures provided by the Federal law «On alternative dispute resolution procedures involving an intermediary (mediation procedure)» were defined;
  • mediation agreements or their notarized copies are referred to the execution orders, which should be sent to court bailiff.

The changes will come into force on October 25, 2019 except separate provisions, which will come into force on other dates.