These are Plenum explanations governing court-assistance questions, rather than a ruling on the merits of an individual dispute.
The position
Paragraphs 37–39 link this evidence-obtaining mechanism to institutional administration and a Russian seat. Paragraph 39 provides for refusal for ad hoc and foreign-seated tribunals.
Connection
Paragraph 41 deals separately with preservation of evidence. The requested form of court assistance must be identified first.
