Procedural and Legal Consequences of Non-Compliance with the Mandatory Complaint Procedure When Referring to a Commercial Court

Abstract

The article attempts to explain the need for a differentiated approach to the application of procedural and legal consequences of non-observance of mandatory complaint procedure when applying to the Arbitration Court. As a criterion for determining a specific procedural and legal consequence, it is proposed to consider the attainability of the goal of complaint procedure taking into account the stage of case consideration and the procedural behavior of the parties. The author expresses his opinion on the need for a clearer regulation of the procedural consequences of non-observance of complaint procedure through special legal provisions and clarifications by the highest judicial body.