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Pre-action procedure in Russian arbitration

The claim letter as a capital tool: deadlines, evidence, mistakes and scenarios for business owners.

2026-08-11 · 12 min read

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For many commercial disputes in Russia, pre-action procedure is not bureaucracy — it is a condition for admissibility and a way to preserve face in negotiations with a peer counterparty.

A proper claim fixes the position, calculation, deadline and consequences of silence. Courts — and sometimes the counterparty's security function — read it carefully.

Even if the dispute reaches court, correspondence and the claim strengthen the basis for penalties and a showing of good faith.

Common errors: sending to the wrong address, omitting calculation, vague demands, missing response deadlines, or waiting months on goodwill without preparing the statement of claim.

Under a standing mandate, the claims track is regular work — debts and disputes should not sit in a drawer until panic sets in.

Parallel assessment of the counterparty's solvency and assets allows decisions on interim measures at the claim stage, not only after filing.

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