Where should a commercial dispute start?
Commercial disputes covered
Contract disputes
Supply, construction, lease, services, carriage, agency and other commercial obligations.Debt recovery
Principal debt, interest, contractual penalties, damages and recoverable litigation costs.Corporate disputes
Shareholder rights, corporate resolutions, transactions and director liability.Insolvency-related disputes
Creditor claims, transaction challenges and issues of controlling-person liability.Public-law disputes
Challenges to non-regulatory acts, decisions or actions affecting business activity.Intellectual-property disputes
Trade marks, software, content, commercial designations and unfair competition.What should be checked before filing?
| Question | Review | Why it matters |
|---|---|---|
| Claim | Relief sought, legal basis, debt, interest, penalty and damages calculation | The court decides the pleaded and proven claim |
| Evidence | Contract, appendices, acceptance records, invoices, payments, correspondence and electronic data | Gaps should be identified before filing |
| Deadlines | Limitation, pre-action period, appeal and enforcement deadlines | A missed deadline may restrict or defeat the remedy |
| Jurisdiction | Subject-matter, territorial and contractual jurisdiction | An error causes delay and procedural consequences |
| Enforceability | Counterparty status, assets, insolvency indicators and related proceedings | A judgment does not automatically produce payment |
Six stages of the case
When does the 30-day pre-action period apply?
For monetary claims arising from contracts, other transactions or unjust enrichment, Article 4(5) of the Russian Arbitrazh Procedure Code generally allows filing after 30 calendar days from sending the demand, unless legislation or the contract provides another period or procedure.
This rule should not be applied mechanically to every case. Other civil-law disputes require a pre-action procedure only where federal law or the contract says so. Article 4 also lists categories for which the procedure is not required, including insolvency and corporate disputes. The claim type must therefore be identified before calculating the filing date.
Claim, evidence and procedural risk
The lawyer defines the relief and legal grounds, verifies the calculation, jurisdiction, court fee, service on the parties and supporting documents. Court papers may be filed electronically through the official My Arbitr service.
For a defendant, the work begins with the claim and exhibits, performance records, calculation objections, procedural deadlines and any properly supported counterclaim.
Interim measures
Under Article 90, a Russian arbitrazh court may grant urgent temporary measures where failure to do so could hinder or make enforcement impossible or cause significant loss. The application requires its own evidence and reasoning.
Hearings, appeals and enforcement
At first instance, counsel prepares submissions, attends hearings, works with expert evidence and the opponent’s arguments, and monitors disclosure and procedural deadlines. After judgment, both the legal grounds and the commercial value of further review should be assessed.
A favourable judgment may be followed by obtaining the writ of execution, presenting it to a bank or the Russian bailiff service, identifying assets and challenging enforcement decisions. Enforceability should be considered at the initial case review.
Cost of an arbitrazh lawyer in Moscow
The final fee depends on the volume of material, number of claims and parties, urgency, expert evidence, hearings and review stages. Scope and price are recorded in the agreement; no court outcome can be guaranteed.
When should counsel be involved early?
- a counterparty has stopped paying or performing;
- the company has received a demand, claim or court order;
- a limitation or appeal deadline is approaching;
- there are indications of asset dissipation or debtor insolvency;
- the commercial relationship may still be preserved through an agreement;
- the dispute concerns a material sum, key asset or business reputation.
Frequently asked questions
Is an advocate always required?
No. A representative may generally be an advocate or another legal professional holding a law degree or academic degree in law, subject to the statutory exceptions.
Is a pre-action demand always required?
No. The general 30-day rule applies to specified monetary claims, while legislation or the contract may provide another procedure and Article 4 lists exceptions.
Can documents be filed online?
Yes. Procedural documents may be submitted electronically. The practical route and signature requirements depend on the document and system used.
How long does a commercial case take?
There is no reliable universal promise. Duration depends on the claim type, evidence, expert examination, party conduct, court schedule and appeals.
Can I order only a case assessment?
Yes. A separate review can identify the claim, evidence, risks, likely costs and commercial value of litigation before full representation is commissioned.
Related guidance
Legal sources
Pavel Petrov, a Russian lawyer in Moscow, will review the documents, claim and procedural risks and explain the practical route in English. Book a paid consultation.
Reviewed on 9 August 2026. Every case requires separate analysis of the contract, evidence and applicable case law.