Implementation of an Interim Measure in the Form of Suspension of Enforcement of a Contested Enforcement Order or other Instrument when its Enforcement is Carried out in an Uncontested Manner (without Acceptance) in Arbitration Process

Abstract

The paper is devoted to the study of application of an interim measure in the form of suspension of enforcement of a contested enforcement order or other instrument when its enforcement is carried out in an uncontested manner (without acceptance) in arbitration process. The author reveals controversial issues of its application in accordance with separate categories of cases on the basis of jurisprudence: ambiguity in the understanding of arbitration process on behalf of the parties filing motions, the issue concerning distinction and interconnection of different types of interim measures, misinterpretation of legal norms resulting in the error of merging of two independent interim measures into one, etc. Heterogeneity of jurisprudence indicates the need to develop a uniform approach to resolving controversial issues. The author believes that elaboration of the draft Unified Code of Civil Procedure, as well as clarifications of the Plenum of the Supreme Court of the Russian Federation would clarify the problems in question.