Annotation

The article deals with the actual problem of the burden of proof distribution in the arbitration process in the context of the procedural status of the parties. The authors draw attention to the fact that procedural opponents often use the “silent defendant” strategy. The paper examines in detail the judicial practice regarding the issues of the recovery of evidence from the defendants at the initiative of the plaintiffs. It has been revealed that the courts continue to refuse to satisfy such petitions, justifying this by the fact that the requirement to provide evidence can only be addressed to third parties. At the same time, the authors note the emergence of new trends in judicial practice aimed at countering the “silent defendant” strategy, aimed at ensuring a fair distribution of the burden of proof, as well as expanding the procedural opportunity for plaintiffs to obtain evidence, which will allow courts to adopt lawful, reasonable and motivated judicial acts.