FBK Legal on Different Regional Court Approaches to Injunction

According to Kommersant, recent statistics from the Judicial Department at the Supreme Court of the Russian Federation has shown that the number of injunction applications in arbitration disputes is on the rise. Thus, in 2020, the parties filed 33,000 such applications with the courts, in 2023 – 35,800 applications. However while the relevant pre-pandemic figures (38,400 in 2019) have not yet been reached, the share of approved applications has already exceeded the pre-COVID level: in 2019, for 28.3% of cases, in 2023 – for almost 31% of cases.

According to FBK Legal’s calculations, in 2023 the courts considered 82 such applications with an average decline rate of 50% countrywide. However a region-by-region analysis paints a different picture, the authors of the review note. Thus, 77% of all applications to ban the sale of shares had been filed with arbitration courts in Moscow, Moscow Region, St. Petersburg, Sverdlovsk Region and Krasnodar Krai (generally speaking, big city courts), which granted approvals in 16% of cases, whereas courts in other regions took action in 60% of cases.