To the question of the application of procedural estoppel in the practice of Russian courts

The observance of conscientious and consistent behavior by the participants in the process has a positive effect not only on the correctness of the resolution of each individual dispute, but also contributes to the development of judicial practice as a whole. To counteract the abuse of procedural rights, the courts can apply a procedural estoppel, which is expressed in depriving a party of the right to object if it contradicts previously committed actions or statements made. Its application makes it possible to achieve legal certainty, good faith, as well as to exclude contradictory behavior and abuse of rights in the process of making decisions on disputes. As the study showed, the procedural estoppel is used in many situations, but most often it blocks objections about the non-jurisdiction of the dispute, about the affiliation of the arbitral tribunal, as well as the untimely presentation of evidence and the advancement of new claims. At the moment, there is a tendency towards the active use of procedural estoppel, which has a positive effect on the formation of a uniform judicial practice. However, due to the relative novelty of this principle, its erroneous application is often encountered in the practice of Russian courts. It seems that most of the problems can be resolved by the Supreme Court of the Russian Federation by adopting Resolutions that explain in detail the mechanism of action of the procedural estoppel.