How can a party present evidence in an appeal?

As a general rule, additional evidence is accepted on appeal only if it was not presented at first instance for valid reasons.

Paragraph 26 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated May 28, 2009 No. 36 “On the application of the Arbitration Procedural Code of the Russian Federation when considering cases in the arbitration court of appeal” (hereinafter referred to as Resolution No. 36) includes the following among such valid reasons.

Unreasonable rejection by the court of first instance of the petitions of the persons participating in the case to request additional evidence and to order an examination.

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Author: lawyer of the maritime practice of Law Firm "Stepanov and Aksyuk" (Associated office of GRATA International in Rostov-on-Don, Russia) Ekaterina Smykova.