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Proposition

According to Article 17 of the RF ICA Law, the arbitration court has the authority to institute measures of protection for evidence or property if one of the parties requests it. Article 90, clause 3 of the Arbitration Procedure Code allows a party to request provisional measures of protection from the state (arbitration) court of first instance closest to the arbitration institution in question or to the location of the party's property. Since Article 90 of the Arbitration Procedure Code includes both Russian and international commercial arbitration institutions, the arbitration court has the authority to take provisional measures of protection if the case is being considered by an international commercial arbitration located outside of Russia.69 However, the provisional measures of protection initiated by the arbitration courts are not of a legally binding nature and are not recognized by the state courts as being enforceable.
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