How To Cancel Interim Measures

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How To Cancel Interim Measures
How To Cancel Interim Measures

Video: How To Cancel Interim Measures

Video: Obtaining interim measures and enforcement of awards in Mainland China 2022, December
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Interim measures are measures taken by the court on an urgent basis and on a temporary basis in order to guarantee the proper execution of the decision following the results of the court proceedings (Article 90 of the Arbitration Procedure Code of the Russian Federation). However, sometimes it is beneficial for both the plaintiff and the defendant to prematurely cancel the measures taken, as well as take a number of actions so that these measures are not introduced at all.

How to cancel interim measures
How to cancel interim measures

Instructions

Step 1

There are two main ways to cancel the interim measures taken by the court: a petition to the court with the justification for the need to cancel the interim measures and the introduction of counter security.

Step 2

File a cancellation petition if you are the respondent. To correctly justify the cancellation of interim measures in the sent document, it is necessary to understand on what basis such measures are taken by the court. The basis for the application of interim measures by the courts is the need to avoid possible risks in the execution of the decision that will be made following the results of the process, or the need to avoid possible harm to the plaintiff if such measures are not taken. Therefore, in order to challenge the application of interim measures, justify the absence or insufficiency of grounds for their application.

Step 3

Another reason for filing an application for cancellation of interim measures is the fact of violation of the rights and interests of both the defendant himself and third parties as a result of the adoption of these measures. Refer to these circumstances.

Step 4

Send the petition to the court that applied the interim measures. It can be filed as soon as an appropriate court ruling is received. The term for consideration of the application may not exceed 5 days. The court's refusal to annul interim measures is not an obstacle to resubmitting a similar petition (Article 97 of the Arbitration Procedure Code of the Russian Federation).

Step 5

If possible, place a counter-security in the amount of the claim to the court's deposit account, or provide bank guarantees and sureties in the same amount. The provision by the defendant of financial guarantees in the amount of the claim makes it possible to cancel the interim measures against the defendant and his property. The decision to cancel is made by the court within 24 hours on the basis of a written application from the defendant and in the presence of documents confirming the availability of counter security.

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