The senior lawyer of the litigation practice of the Law Firm "Nadmitov, Ivanov and Partners" commented for Pravo.ru on the position of the Supreme Court of the Russian Federation on the issue of determining the jurisdiction set forth in the Decision of February 18, 2020 in case No. 18-KG19-172.
The Supreme Court recalled that arbitration courts consider economic disputes related to doing business, and the fact that subjects have the status of individual entrepreneurs does not automatically refer the dispute to the jurisdiction of arbitration courts. Mikhail Stepkin supports the position of the Supreme Court and recommends paying attention to the subject composition of the persons involved in the case, the essence of the dispute, and the relevance of special rules for certain categories of disputes.
Mikhail Stepkin draws attention to other problems arising in connection with the issue of determining jurisdiction: "The difficulty is that the rules for determining jurisdiction may be contained in a judicial act or clarification of the Supreme Court, but not in the procedural code."
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