The settlement agreement in the arbitration process approved by the court only ifmeets all the criteria and requirements of performance. These include: clear certainty and clarity, unconditional requirements. There are still a large number of inaccuracies and inconsistencies in the legislation of the Russian Federation in connection with which the application of the norms of individual articles of the procedural code is somewhat difficult.
Therefore, in the arbitration courtagreement only on controversial court cases. At the same time, the agreement concluded by the parties is obliged to contain the unconditional requirements, have the clarity and certainty that are inherent in any judicial document. Settlement agreement In the arbitration proceedings, there can be no different interpretations and no ambiguous points on which additional further arguments of the parties are possible.
The wording of individual clauses of the agreementperformed in a clear sequence, where the possibility by which this agreement should be executed is strictly defined. There is no other alternative for the implementation of this agreement. That is, if one party transfers any property, then the return must be made by the property. The settlement agreement by law can not be an alternative. Property in the agreement can not be replaced by money or the provision of services. Since the violation of certainty and clarity of demand creates difficulties for enforcement.
Non-compliance with a settlement agreement approvedcourt in the arbitration process, is fraught with compulsory measures. Thus, according to the APC of the Russian Federation (Article 142), the court’s duties include the verification of a settlement agreement for the compliance of its points with the requirements of current legislation. As in the absence of voluntary compliance with the requirements, it is possible to enforce on the basis of a judicial act through the bailiff service. At the same time, if the settlement agreement has any ambiguities, does not meet the standards and all the requirements according to the law, does not comply with the will of the parties, then the transition to compulsory execution is impossible, as it is deprived of grounds and is illegal. In addition to clarity, certainty and unconditionality, the settlement agreement should motivate the parties to end the dispute and be justified.
В арбитражном суде утверждается мировое the agreement, if it is signed by proxies, whose powers are confirmed by documents giving the right to conclude this amicable settlement. Verification of powers of proxies is carried out by the arbitration court on the basis of art. 53 of the Civil Code of Russia, according to which, the powers of officials (director or president) are confirmed by official documents. At the same time, they should have separate documents in the form of an order or a general power of attorney from the founders of the company for conducting business, signing a settlement agreement. According to the law of the Russian Federation, lawyers or other unauthorized persons may represent a legal entity in court. Therefore, inadequate verification of the powers of proxies who participate in the arbitration process and sign an amicable settlement without the existing authority may result in the cancellation of the signed agreement. Then the settlement agreement is recognized as invalid and is subject to return for a new review in the court, as the actual circumstances of the case do not correspond to the actual evidence.
The settlement agreement in the arbitration is approveda court decision only provided that its participants are directly opposite sides, namely, the claimant and the defendant, but not the accomplices of the process on the part of the claimant and the defendant.
