Russian Federation: Litigation - Major Russian Legislation Changes For 2015

Last Updated: 15 February 2016
Article by Mikhail Ivanov and Roman Zaitsev

1. Adoption and entry into force of the Russian Federation Code of Administrative Procedure dated March 8, 2015, No. 21-FZ

The Russian Federation Code of Administrative Procedure (the Administrative Procedure Code) entered into force on September 15, 2015. It is important that this legal act governs only procedure in the courts of general jurisdiction; disputes arising out of public relationships, which are under the jurisdiction of the commercial (arbitrazh) courts, continue to be considered according to the rules of the RF Commercial Procedure Code. The Code also does not apply to administrative offense cases. Among important disputes that will be considered according to the rules of the Administrative Procedure Code we may note practically all cases challenging regulatory acts (other than cases challenging acts concerning exclusive rights, which are under the jurisdiction of the Intellectual Property Court), cases challenging cadastral valuations, and also cases collecting mandatory payments and penalties from individuals.

We note that in a number of instances the Administrative Procedure Code has combined the most successful legislative solutions contemplated by the effective procedural legislation (the RF Commercial Procedure Code, the RF Civil Procedure Code and the RF Criminal Procedure Code). For example, the Code provides for an alternative procedure for sending administrative statements of claim (by the court or by the plaintiff itself); issues of proof, including with regard to using audio and video recordings, etc., are regulated in considerable detail. The rules on provisional remedies and procedural compulsion are also elaborated on.

At the same time, practitioners also see a number of deficiencies in the Administrative Procedure Code that could make it difficult to apply its provisions. For example, the wording on sending an administrative statement of claim allows for divergent interpretations; there is quite an extensive list of grounds for refusing to accept and for returning an administrative statement of claim.

In addition, we cannot help but note that in light of the overall course of court reform a number of innovations that were initially planned have not been fully implemented. In particular, provisions on establishing additional requirements to representatives (a higher education requirement) are debatable; and the provisions on mandatory audio recording of the court record have not yet gone into effect. The justification for removing the procedure for administrative offense cases from the domain of the Administrative Procedure Code is also questionable, as well as other provisions resulting in dissimilarity of procedural regulation (e.g., separate regulation of public-law relationships, which are under the jurisdiction of the commercial courts, terminology that differs from the other procedural codes).

In any event, it is too early to tell whether the Administrative Procedure Code will be successfully applied because the results will be determined to a considerable extent by the interpretation of new provisions of the law developed by law enforcement practice.

2. The adoption of Federal Law No. 382-FZ on Arbitration (Arbitration Proceedings) in the Russian Federation of December 29, 2015

A law reforming the system of arbitration proceedings was adopted and published at the very end of 2015.
One of the key novelties of the law is that it has become considerably more difficult to form arbitration courts. Permanent arbitration institutions can now be created only at nonprofit organizations and will be able to engage in their activity only provided those organizations get the right to act as a permanent arbitration institution granted by an act of the Russian Federation Government. Such an act will be adopted on the basis of a recommendation of the Council on Arbitration Development.

As compared to the Federal Law on Arbitration Courts in the Russian Federation, the new law regulates in more detail the procedure for considering arbitration disputes, changes the procedure for appointing arbitrators, and clarifies the requirements to arbitrators, in particular, by setting an age requirement of 25.

The law expressly provides that the state courts in a number of cases exercise not only oversight, but also provide assistance to arbitration in performing certain functions. For example, a party to arbitration proceedings may file applications with a state court to grant the recusal of an arbitrator or stating that the arbitration court does not have competence; the arbitration court or party to the arbitration proceedings, with the consent of the arbitration court, may file a request for assistance in obtaining evidence, etc., with the competent court.

It is extremely important that simultaneously with this law amendments were made to a number of other legal acts (Federal Law No. 409-FZ on Amendments to Certain Legislative Acts of the Russian Federation and Repealing Article 6(1)(3) of the Federal Law on Self-Regulatory Organizations in connection with the adoption of the Federal Law on Arbitration (Arbitration Proceedings) in the Russian Federation dated December 29, 2015).

Specifically, the relevant amendments are being made to the RF Commercial Procedure Code. For example, Article 33 of the Code, which establishes the rule of special jurisdiction of cases under commercial courts, is being amended. As soon as the law enters into force it will determine the list of disputes that cannot be referred to an arbitration court for consideration.

Rules are also being introduced to the Commercial Procedure Code regulating the procedure for providing assistance to arbitration courts, in particular, concerning the fulfillment of requests to obtain evidence, to consider matters of the recusal, appointment and dismissal of an arbitrator.

Similar amendments connected with the reform of arbitration procedure are being made to the Russian Federation Civil Procedure Code, as well as to the Law on International Commercial Arbitration and other regulatory acts.

Both of the above-mentioned laws enter into force on September 1, 2016.

3. Amendments to the Federal Law on Insolvency (Bankruptcy) in the Russian Federation about personal bankruptcy

Federal Law No. 154-FZ on the Regulation of the Specifics of Insolvency (Bankruptcy) on the Territories of the Republic of Crimea and the City of Federal Significance Sebastopol and Amendments to Certain Legislative Acts of the Russian Federation of June 29, 2015 amended the Federal Law on Insolvency (Bankruptcy) in the Russian Federation. Paragraph 1.1 regulating the procedure for personal bankruptcy in detail was introduced to the Bankruptcy Law.

These amendments entered into force on October 1, 2015, and, thus, as of that date it became possible for individuals who do not have the status of sole proprietor to be declared bankrupt.

The process of personal bankruptcy consists of two main procedures: debt restructuring and sale of property. The process of selling property starts if the commercial court renders a decision declaring the person bankrupt. A third procedure is also provided for: the amicable settlement agreement.

It has been determined that a debtor may also file a bankruptcy petition, and formally an individual is not only entitled but also required to file a petition themselves if they meet the relevant bankruptcy criteria.

Any creditor may also file a petition; however, generally to do this the creditor needs a court decision that has entered into force, and the debt amount must be at least RUB500,000. Some creditors may file a petition even without a court decision, such as banks under loan agreements, and also creditors under monetary obligations which the debtor acknowledges but is not discharging, etc.

The bankruptcy procedure itself can impose quite serious restrictions on the debtor. For example, the individual is required to provide a financial manager, at its request, with any information about the individual's assets, the location of those assets, the makeup of the individual's obligations, creditors and other information relevant to the personal bankruptcy case within 15 days of receiving the request. If the individual is declared bankrupt, the court may issue a ruling temporarily restricting the person's right to exit Russia.

When selling the individual's assets, the financial manager manages the individual's funds on accounts and deposits with lending institutions in his or her name, and also handles cases concerning his or her property rights in the courts. That said, the individual is required to hand over all of their bank cards to the financial manager not later than one business day after the decision declaring him or her bankrupt is rendered.

Once the bankruptcy procedure is over, the debtor is released from further settlements with creditors. However, this rule has a number of exceptions such as, for example, personal debts, debts over the application of the consequences of invalid transactions challenged on the basis of the bankruptcy law, etc.

It is important that almost immediately after the law entered into force Resolution No. 45 of the Plenum of the RF Supreme Court on Certain Issues Connected with the Introduction of Procedures Applicable in Cases of Personal Insolvency (Bankruptcy) of October 13, 2015 was adopted. That resolution clarifies many arguable points that may arise in connection with considering personal bankruptcy cases.

4. The adoption by Federal Law No. 409-FZ of December 29, 2015 of the new version of Article 225.1 of the RF Commercial Procedure Code with respect to the arbitrability of cases in corporate disputes (the amendments enter into force as of September 1, 2016)

The new version of Articles 225.1 and 33 of the RF Commercial Procedure Code are worthy of separate attention as part of the reform of arbitration proceedings. The clarifications made are intended to resolve an issue that has provoked many disputes: the issue of whether it is permissible to refer corporate disputes to an arbitration court.

Lawmakers have approached the issue of the arbitrability of such disputes on a case-by-case basis. On the whole, a general rule is provided that it is possible to refer them to an arbitration court; however, a number of disputes are expressly prohibited. For example, the following disputes cannot be referred to an arbitration court:

disputes related to challenging non-regulatory legal acts, the actions and decisions of public-law authorities (and quasi-public bodies which have certain authorities), and the activity of notaries to certify transactions involving participatory interests;

  • disputes over convening a general meeting of participants of a corporation;
  • disputes over excluding participants of legal entities;
  • disputes concerning the activities of strategic business entities;
  • disputes related to the acquisition and purchase of shares by a joint stock company and the acquisition of more than 30 percent of the shares of a public joint stock company.

In addition, for the majority of disputes (other than disputes over the ownership of shares and participatory interests of a corporation and disputes related to the activity of securities holders registrars), the possibility of referring a corporate dispute to an arbitration court for resolution is dependent on complying with a number of terms and conditions.

Firstly, the parties to the arbitration clause must be the legal entity itself, all of its participants, and also all other participants of a specific corporate dispute. Secondly, only a permanent arbitration institution with its seat of arbitration in Russia which, in addition, has adopted and published on its website special rules for adjudicating corporate disputes may be an arbitration court.

It is important that the amendments are intended to eliminate the previous uncertainty and ambiguity of court practice on this issue. Also, the possibility of using arbitration proceedings for business participants was expanded, and special rules and restrictions were provided by lawmakers and intended to eliminate abuses in that area.

5. The adoption of new rules for out-of-court debt collection via a notary's writ of execution (Federal Law No. 391-FZ on Amendments to Certain Legislative Acts of the Russian Federation of December 29, 2015)

Starting December 29, 2015 new rules have applied in the Russian Federation for the collection of debt, recovery of property and out-of-court foreclosure on collateral on the basis of a notary's writ of execution. These amendments were made to the legislation by Federal Law No. 391-FZ on Amendments to Certain Legislative Acts of the Russian Federation of December 29, 2015.

It is important that in Article 12 of the Federal Law on Enforcement Proceedings amendments have been made classifying any notary's writ of execution as an enforcement document, while the previous version could be interpreted as treating only a notary's writ of execution for foreclosure on mortgaged property as such a document.

As compared to the regulation that was previously in effect, the procedure for obtaining the writ of execution is now described in more detail. In order to do this the recoveror needs to submit to the notary such documents as an estimate of the debt under monetary obligations, a copy of the notice of debt sent to the debtor at least 14 days before applying to the notary, and a document confirming that the notice was sent. If performance of an obligation is dependent on an event or a deadline occurring, then the recoveror also needs to submit confirmation that the event has occurred or the deadline has fallen due.

The notary is required to tell the debtor about a writ of execution not more than three days from when it was made. The content of the writ is also regulated in more detail. For example, in addition to the name and address of the recoveror and the debtor, the following information must be stated for those persons: if it is a legal entity, then the physical address, main state registration number, date of registration and taxpayer identification number; however, if it is an individual, then the recoveror's passport data and, if such information is available, the debtor's passport data and place of work.

Now it is no longer required to submit an extract from the unified state register of rights to real estate and transactions in order to make a writ of execution to foreclose on mortgaged real estate.

It is important to note that according to the amendments to the Federal Law on Enforcement Proceedings, now it is not mandatory to have an agreement on out-of-court foreclosure on mortgaged property to initiate enforcement proceedings on the basis of a notary's writ of execution.

Thus, considering the amendments that have been made, the possibilities of using a notary's writ of execution as a tool for out-of-court collection of debt, recovery of property or foreclosure have been considerably expanded. At the same time, the very procedure of making the writ of execution has been regulated in more detail.

6. A new basis for relief from the burden of proof in the Russian Federation Commercial (Arbitrazh) Procedure Code: confirmation of the facts by a notary when a notarization has been done

Federal Law No. 391-FZ of December 29, 2015 introduced to Article 69 of the RF Commercial Procedure Code (grounds for relief from the burden of proof) a part five, according to which facts confirmed by a notary if a notarization has been done do not need to be proved, if the authenticity of the notarized document has not been refuted by filing an application concerning falsification of evidence, or if the notarization has not been canceled according to the procedure of Chapter 37 of the RF Civil Procedure Code (consideration of statements of completed notarizations or refusal to complete them). The law entered into force on December 29, 2015.

The establishment of a new ground for relief from the burden of proof, a notary's confirmation of the relevant fact if a notarization has been done, is a legislative reinforcement of the presumption that a notarization is credible. This presumption is contained in the Basic Principles of the Latin Notary System and the notary community has long and actively promoted its enshrinement in the Russian legislation. As a result, on January 1, 2015, a similar provision was introduced to the RF Civil Procedure Code (Article 61(5) of the RF Civil Procedure Code), and one year later the new ground for relief from the burden of proof appeared in the RF Commercial Procedure Code.

When analyzing Article 69(5) of the RF Commercial Procedure Code, first of all one should note the limits of evidentiary effect of the notarization. Based on a literal interpretation of the law, the parties are relieved from proving all circumstances confirmed by a notary if a notarization has been done.

Nevertheless, in our opinion, the literal interpretation of that provision of law is questionable, and in future we should expect clarifications from the higher courts and, first of all, from the RF Supreme Court on limiting the scope of facts confirmed by a notary which the parties can be relieved from proving.

The literal interpretation of this provision of the law is flawed because, when doing a notarization the notary confirms many facts, but not all of them should be considered circumstances that do not need to be proved.

The circumstances which the parties are relieved of proving should only include those facts that were personally witnessed by the notary as a qualified witness, in particular:

  • the date and place where the act was drawn up;
  • the fact that the parties were present, their identities, the fact that they signed the document;
  • the fact that the parties made certain statements;
  • the fact that amounts of money, things and other property were transferred.

It is important to note that these circumstances do not need to be proved either in court proceedings in which the parties present before the notary take part, or in proceedings with other parties.

Therefore, the limits on the parties that are typical for other circumstances that do not need to be proved according to Article 69 of the RF Commercial Procedure Code (circumstances established by a judicial act shall not be proved when considering another case only if the same parties participate in it) should not apply to that category of circumstances.

On the contrary, circumstances established by a notary as a result of checking, for example, the authority of the representative, or that the seller owns the property, etc., may be refuted according to the general rules, because Article 69(5) of the RF Commercial Procedure Code should not apply to them. This is because a notary has limited authority when doing a notarization, and because the notary acts only within an indisputable jurisdiction.

7. The adoption of Federal Law No. 297-FZ on Jurisdictional Immunities of a Foreign State and Property of a Foreign State in the Russian Federation of November 3, 2015 and the relevant amendments to the procedural codes (the introduction of Chapter 33.1 to the RF Commercial Procedure Code and Chapter 45.1 to the RF Civil Procedure Code)

Federal Law No. 297-FZ on Jurisdictional Immunities of a Foreign State and Property of a Foreign State in the Russian Federation of November 3, 2015 entered into force on January 1, 2016. In accordance with this law Russia enshrined in its legislation its refusal to apply the model of absolute jurisdictional immunity in favor of the model of limited (functional) immunity.

The key difference between the two existing approaches is that absolute jurisdictional immunity supposes that it is possible to join a foreign state to litigation in the Russian courts, to apply injunctions to it and to enforce court awards against it only if such state agrees. The model of limited jurisdictional immunity, for its part, supposes that it is possible to refuse to grant a foreign state immunity from prosecution in the courts, from injunctions and the enforcement of court awards in certain cases.

One of the most important innovations is the proclamation of the principle of reciprocity in matters of applying jurisdictional immunity in the Russian Federation, in accordance with which the jurisdictional immunities of a foreign state may be limited if it is determined that limitations concerning the jurisdictional immunity of the Russian Federation and its property exist in that foreign state.

This law also discusses cases where immunity is not granted to foreign states, in particular, with respect to disputes connected with participation in civil-law transactions, entrepreneurial and other economic activity, labor disputes, disputes for compensation of harm, disputes related to intellectual property or property rights.

Immunity against injunctions and enforcement of a court award is granted to a foreign state in all cases other than situations where the foreign state clearly expressed its consent to injunctions and/or enforcement of a court award, and if the foreign state set aside (designated) property in the event of injunctions and/or if the court were to grant a claim.

In connection with the adoption of the above-mentioned federal law, new chapters were added to the RF Civil Procedure Code and the RF Commercial Procedure Code. These chapters set forth the specifics of proceedings involving foreign states (Chapter 33.1 of the RF Commercial Procedure Code and Chapter 45.1 of the RF Civil Procedure Code). Other than those that were borrowed from Federal Law No. 297-FZ of November 3, 2015, we may name among the key features of court proceedings involving foreign states the need to translate the statement of claim into the official language of the foreign defendant state, resolving the issue of whether there is jurisdictional immunity at the preliminary court hearing, and the inability to apply court fines to foreign states.

We note that Russia's refusal to apply jurisdictional immunities to relations not directly connected with a foreign state's exercise of its sovereign authority is not unique. The United Nations Convention on Jurisdictional Immunities of States and Their Property adopted in 2004, to which the Russian Federation is a signatory, set forth similar cases in which immunity is not granted. However, it should be noted that the convention has not yet entered into force because there are not enough states party.

8. Amendments to the rules of the RF Civil Procedure Code about jurisdiction of individuals' disputes with search engine operators over exercise of the "right to be forgotten"

The Federal Law on Amendments to the Federal Law on Information, Information Technologies and the Protection of Information and Articles 29 and 402 of the RF Civil Procedure Code entered into force on January 1, 2016. This law governs the substantive-law and procedural aspects of the so-called "right to be forgotten."

This right was first enshrined in the European Union legislation. It was most fully detailed in the European Union Court of Justice ruling on the so-called case of Costeja v. Google, as a result of which an individual was granted the right to demand that a search engine operator delete search results that concern him personally, under certain conditions.

In the terminology of Russian law, the "right to be forgotten" is an individual's request to a search engine operator that disseminates advertising on the Internet aimed at attracting consumers attention. The subject of the request that the search engine stop displaying links to pages of sites allowing access to information about the applicant. The search engine operator must grant such an individual's request in any of the following three conditions: information about the applicant is disseminated in violation of Russian law, is inaccurate or has become irrelevant for the applicant.

If the search engine operator refuses to grant the request, the applicant may file a statement of claim with a court against the operator to stop displaying links to the information.

In connection with the appearance of a new category of claims, lawmakers have made the relevant adjustments to the RF Civil Procedure Code, namely, to the rules about the territorial jurisdiction of disputes.

For example, part 6.2 providing for the possibility to file a claim for an operator to stop displaying links with a court at the plaintiff's place of residence has been added to Article 29 of the RF Civil Procedure Code, which governs the plaintiff's choice of jurisdiction.

Article 402 of the RF Civil Procedure Code, which governs the jurisdiction of cases involving foreign persons, has been amended to empower Russian courts to examine cases involving foreign persons if the defendant disseminates advertising on the Internet aimed at attracting the attention of Russian consumers. Is obvious that this rule makes it possible to file claims against major foreign search operators. Moreover, if the plaintiff resides in Russia, then the plaintiff may file claims against a foreign operator with a Russian court in any event, if the subject of the claim is to stop the search engine operator from displaying links.

It is noteworthy that amendments were made only to the RF Civil Procedure Code. Likely the legislators assumed that such claims are only within the competence of the courts of general jurisdiction. Nevertheless, it will be necessary to wait for clarifications from the RF Supreme Court to finally resolve this issue.

9. The adoption of Federal Law No. 41-FZ of March 8, 2015 on amendments to the RF Civil Procedure Code, the RF Commercial Procedure Code and the Federal Law on Enforcement Proceedings regarding the possibility of issuing and sending enforcement documents electronically

The adoption of Federal Law No. 41-FZ of March 8, 2015 was intended to improve the procedure of enforcing judicial acts and is one of the stages of implementing the program to develop the judicial system.

The main innovation is the ability for a court to issue and send enforcement documents (writs of execution, court orders, decisions on administrative offense cases) for execution in the form of an electronic document with an enhanced electronic signature. In particular, the court has received such an opportunity within civil, criminal and administrative procedure. At issue are mainly those instances where the judgment creditor is petitioning for the court to send an enforcement document for execution.

The new ability to send enforcement documents electronically does not supersede the right to receive and submit enforcement documents in hard copy. Sending an enforcement document electronically is the prerogative of the court and is considered an alternative form of presenting enforcement documents for execution. An enforcement document in hard copy will not be issued when an enforcement document is sent electronically.

Rules enabling the parties to enforcement proceedings to exchange documents electronically were added to the legislation on enforcement proceedings with the adoption of this act.

Now the parties to enforcement proceedings are entitled to file petitions, explanations, recusals and complaints to an official of the court bailiff service in the form of an electronic document signed with an electronic signature. Banks and other lending institutions are now required to promptly execute an order freezing the debtor's funds and to report to the court bailiff in writing or in the form of an electronic document signed by the relevant official using an enhanced electronic signature the details of the debtor's accounts and the amount of the debtor's funds frozen on each account.

The above-mentioned amendments are intended to speed up document flow and, as a consequence, the efficiency of enforcing judicial acts. However, we note that a number of procedural issues related to the technical part of using electronic document flow (for example, recording the sending of electronic documents, the procedure for recalling enforcement documents sent in electronic form, etc.) remain open at this time. It should also be borne in mind that not all courts have the technical capability to send electronic enforcement documents at this time. Therefore, some time will be needed for the electronic document flow system to fully operate in the enforcement proceedings system.

10. The introduction of a number important amendments to the Federal Law on Enforcement Proceedings intended to provide additional guarantees to the judgment creditor and to increase the efficiency of the court bailiffs. In particular, the possibility of a court bailiff limiting a debtor's right to drive vehicles has been provided

Federal Law No. 57-FZ of March 8, 2015 made a number of amendments to the Federal Law on Enforcement Proceedings. Some of the innovations clarify the procedure for executing enforcement documents if the debtor is granted performance in installments or a deferral.

For example, the new version of Article 21(9) of the Law on Enforcement Proceedings expressly provides that the judgment creditor has the right to present an enforcement document for execution only the day after the deadline for complying with the requirements expires (if the debtor was given such a deadline), or the day after the deadline granted to the debtor as a deferral or installments expires. This limitation does not affect enforcement documents for the recovery of a fine imposed as punishment for a crime. If an enforcement document is presented for execution prematurely, a court bailiff shall issue a decision refusing to initiate enforcement proceedings.

However, it should be borne in mind that if the debtor on more than two occasions has not complied with some of the requirements contained in the enforcement document for which it was granted installment payments, the effect of Article 21(9) of the Law on Enforcement Proceedings shall not apply. In practice, the lack of detailed regulation of the issues described above previously led to the appearance of additional disputes that were not always clearly resolved.

Another part of the important amendments to the Federal Law on Enforcement Proceedings was intended to increase the efficiency of court bailiffs and to reduce the number of disputed situations when levying execution on assets and funds. For example, part 14.1 was introduced to Article 30 of the law, according to which in the decision to initiate enforcement proceedings the court bailiff orders the debtor to submit documents confirming that it has assets and income on which execution cannot be levied, including funds on accounts, in deposits or being kept by banks and other lending institutions, as well as the property that is the collateral.

The next group of amendments to the Law on Enforcement Proceedings introduced by Federal Law No. 340-FZ of November 28, 2015 is intended to create additional incentives for debtors to pay off their debts on time. Now, if a debtor fails to comply with the requirements of an enforcement document the court bailiff may issue a decision temporarily restricting the debtor's exercise of a special right until the requirements of the enforcement document are met in full, or until grounds for canceling the restriction appear (Article 67.1). This means restricting the debtor's right to drive vehicles (motor vehicles, aircraft, boats and river craft, etc.).

These restrictions apply when, for no good reason, a debtor does not respond on time to claims for collection of support payments, to pay compensation of harm caused to another person's health, to pay compensation in connection with the death of a breadwinner, property damages and/or moral damages caused by a crime, claims of a non-financial nature connected with the raising of children, and also to claims to collect an administrative fine imposed for violating the procedure for exercising a special right.

The law clearly sets forth the list of cases in which restriction on the debtor's exercise of a special right cannot apply, for example, if establishing a restriction deprives the debtor of his or her main source of funds or the amount of the debt is not more than RUB10,000.

In light of these amendments, special rules were also added to the RF Code on Administrative Offenses establishing liability for violating a temporary restriction on the exercise of a special right.

About Dentons

Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Events from this Firm
1 Nov 2016, Other, Chicago, United States

Dentons, Allstate and Cabrini Green Legal Aid (CGLA) will present a ProBono panel CLE program and reception for clients and ProBono community.

4 Nov 2016, Seminar, Singapore, Singapore

Record cash, disruptive change, aggressive new buyers, and rising valuations are creating an environment for attractive trade sales and exits.

Join Dentons Rodyk and Corum Group for the most up-to-date Tech M&A conference for executives and buyers in software, IT and related technology.

8 Nov 2016, Webinar, Washington, United States

Join Dentons government contracts lawyers for a Public Contracting Institute (PCI) webinar series involving the most current industry analysis in government contract cost accounting from a team of leaders in the field with unparalleled experience

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Mondaq Advice Centre (MACs)
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.