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Supreme Court of Arbitration of the Russian Federation


The Supreme Court of Arbitration of the Russian Federation (also translated as the High[er] Arbitration Court of the Russian Federation; Russian: Высший Арбитражный суд Российской Федерации) was the court of final instance in commercial disputes in Russia. Additionally, it supervises the work of lower courts of arbitration and gives interpretation of laws and elucidations concerning their implementations, which are compulsory for lower courts. It was replaced by a 30-Judge Economic Collegium that is part of an expanded Russian Supreme Court effective August 8, 2014.

Commercial arbitrations in Russia existed long before the October revolution, though their powers were very limited. They were abolished immediately after the revolution. In 1922 the Supreme Arbitration Commission, attached to the Council of Labour and Defense, and oblast' arbitration commissions were created. Their function was to solve disputes between state-owned institutions (including profit-making companies). In 1931 all those commissions were abolished. The newly created State Arbitration of the USSR was to resolve disputes about contracts exchanged between enterprises subordinate to various governmental agencies. The disputes arising within one agency's jurisdiction were not brought to the State Arbitration. Whenever the State Arbitration discovered any violations of law, its duty was to report about it to respective law enforcement offices. Similar state arbitrations were created in republics of the USSR.

In 1960 new State Arbitration attached to the Council of Ministers of the USSR Regulations were adopted by the Council of Ministers of the USSR. It de facto established stare decisis principle, since upper state arbitrations were empowered to give compulsory elucidations to the lower ones.

The position of the State Arbitration underwent crucial changes in 1987. The courts of arbitration became a separate branch of courts not subject to the control of the executive branch. They still retain this position.


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