Submission of a claim to arbitration court -a process to be taken responsibly. It is advisable to connect to this case a good specialist in the field of jurisprudence, since the requirements imposed by arbitration judges on the participants are quite high. The slightest mistake, mistake or misunderstanding of the situation can turn into a refusal to satisfy the stated claims.
Arbitration disputes and courts
Considered judicial bodies arespecialized. They deal exclusively with disputes arising between business entities. That is, the parties in arbitration cases can only be organizations of any form of ownership and individuals who are registered as entrepreneurs in the manner prescribed by law. If one of the parties to the case is a citizen who does not do business, then such a dispute will be considered not by arbitration, but by a court of general jurisdiction.
Considering that disputes arise between subjectsbusiness, the courts have more stringent requirements for such processes than in Soyuz. For example, a lawyer who files a lawsuit to a court must substantiate his position with the application of legislation, otherwise the court may take the position of the defendant and refuse to satisfy the requirements.
Preparation of the claim
Подача искового заявления в арбитражный суд should occur according to all the rules established by a special regulatory act. This act is the Code of Arbitration. That it describes the requirements for the claim. Thus, a claim to an arbitration court, a sample of which can be found in our article, must contain inalienable and obligatory attributes. Among them are the following:
- the name of the court to which the document is sent;
- information about the plaintiff and his defendant, which include the name, organizational and legal form, address, telephone, etc .;
- the essence of the requirements;
- justification of their position;
- the requirement for the defendant, which the plaintiff asks to satisfy the court;
- Other important circumstances, necessary for reflection in the lawsuit, according to the plaintiff.
The claim is signed by the representative of the organization, its director or another person who has such authority.
Preparation of the application for the claim
Составив исковое заявление, следует приступать к preparation of documents that will prove the claims of the plaintiff. Depending on the nature of the dispute, these documents can be any papers (payment orders, contracts, letters and answers to them, bank statements, and much more). It is with these documents that the claimant will prove the viability of his claims, and therefore their absence will be an obstacle to the satisfaction of the claimed requirements. At least, this will significantly complicate matters.
Among the documents that need to be attached toa lawsuit, not just evidence. So, among the required documents there are powers of attorney, which confirm the powers of the representatives; constituent documents that indicate the proper legal status of the plaintiff; claims that the plaintiff is obliged to send to his opponent before filing a lawsuit in court. In addition, the applicant has the right to attach to his address and other documents that he deems necessary for an objective hearing.
Ways of submitting an application
Подготовив иск в арбитражный суд, образец which is also located in the premises of the courts, and the annex to it, you need to send documents to the public authority. This action can be done in several ways. So, how to file a claim in court?
- Personally, contact the judicial authority. You need to go to the court office, to provide a full package of documents. On the second copy of the claim, the court specialist must sign that it will confirm receipt.
- Through the Internet resource.This is most likely the easiest way, since there is no need to visit a judicial authority. In order to transfer your requirements in this way, first of all, all documents should be scanned into separate files, each of which should be named, and the number of sheets in the file should be specified. After that, through the official website of the court to send the documents and wait for them to be accepted. As a rule, registration takes place within 1 day. Important! You need to be registered on the portal "Gosuslugi".
- Through the postal organization or through a representative.
Reasons for leaving the application without movement
Submission of the claim to the arbitration courtshould be accompanied by follow-up and monitoring of its movement. In cases where the claim or application does not comply with the requirements of the law, the judge has the right to leave it without movement. In other words, the consideration of the application is suspended, the applicant is given the necessary time to eliminate the existing comments. Usually, among such comments - underpayment of state duty, the lack of necessary documents. If the claimant has time, within the time specified by the judge, to correct the deficiencies, bring the required documents or pay state duty, the judge accepts the lawsuit for the proceedings and proceeds to the preparation for the trial. If the plaintiff does not fulfill the instructions of the arbitration court before the appointed time, the claim will be returned. The return by the arbitral tribunal of the statement of claim does not deprive the claimant of the right to file it again, of course, eliminating all the shortcomings.
Grounds for the return of the claim
Указанные выше обстоятельства, по которым иск sent back to the plaintiff, not the only reason for this action. The return of the claim by the arbitral tribunal may be made for other reasons. As a rule, such reasons are very significant and cannot be eliminated in the shortest possible time. For example, the reason for the return will be that the statement is signed by the person who did not have this right. Other circumstances would be, for example, violations of the established filing procedure, including non-compliance with the mandatory procedure for filing a claim. Arbitration must make a decision on its decision to return the submitted arbitration application. This judicial act is sent to the plaintiff, after which he is given 15 days to appeal. If during this period no private complaint is filed, the definition takes effect and the documents are sent to the submitter.
Statute of limitations
Как известно, у всего есть своя давность.This also applies to court cases. In the arbitration process, the limitation of actions applies to those cases in which circumstances have occurred for a long time. It should be noted that each category of cases has its own statute of limitations. Basically, this period is determined by three years, but sometimes it can be less, sometimes more. For example, on the requirements of invalidation of a contract, this limitation is only one year. On the contrary, in cases of elimination of violations of rights such prescription is generally absent, that is, the requirement may be stated even after many years from the moment of such violation. In order for the limitation of actions to be applied by a court, an appropriate petition must be filed. The court will take it into account, and the case will be dismissed. However, if such a request is not received from the party, the case will be considered on its merits. Therefore, it is important to observe the statute of limitations for filing claims.
Trial
The arbitration procedure is similar tothat which takes place in Soyuz, with some exceptions. For example, if a case is required to be completed in courts of general jurisdiction within 2 months from the date of its registration and acceptance, then in the arbitration this period is extended to 3 months. Naturally, this is due to the rather large complexity of economic affairs. The trial itself consists of a preliminary court hearing, the main trial, familiarization with the materials of the case, judicial debate and, in fact, a decision. At each of these stages of the consideration of the claim, the applicant must make every effort to ensure that his requirements are confirmed. If this is achieved, then the court decision will be in favor of the plaintiff. We should not forget about the defendant, who will also be proving his case by all means, urging the judge to bring the act in his favor.
The price of the claim and the payment of state duty
State duty for a claim to arbitration courtdetermined by the rules established by the Tax Code. Before applying to the court, it is necessary to carefully study the norms of this legal act, calculate the correct amount to pay the fee. Ultimately, it will save time. For a faster calculation of the fee, you can still refer to the official website of the arbitration, where there is a calculator for its calculation. The amount of payment depends on the amount of claims, therefore, the more financial claims the claimant makes, the more he will have to pay a contribution to the state income. The only consolation is the fact that, if the claims are satisfied, this amount will be charged to the defendant. In some cases foreseen by the APC, payment of state duty may be postponed, deferred, but a petition should be made about this. The state duty for a claim to an arbitration court can be paid both in banking institutions and through Internet resources.
Court decision
After the judicial debate, the judge decides onto business Up to this point, you can submit additions to the statement of claim to the arbitration court or other changes in claims. After the judge leaves the deliberation room for a verdict, no additional documents and applications will be accepted. After the announcement of the decision, the court is given the necessary time to print it. From the moment it is made in the final form, the countdown begins for bringing an appeal to the highest authority. This period is 30 days. After it, the judicial act enters into force and a writ of execution is issued. If a party has doubts about the objectivity of the decision, then, of course, it is better to appeal it to the appellate court. To do this, you must make a complaint, pay the state duty and send it to the appropriate authority.
Execution of a judicial act
After receiving the writ of execution, should be senthis bailiffs, who will be engaged in debt collection or other execution in accordance with the verdict. It is easy to find out where to send the writ of execution, you must go to the website of the Federal Bailiff Service and indicate where the defendant is registered. Another way to enforce court decisions related to debt collection is to send the writ of execution to the bank where the debtor’s accounts exist. This method is characterized by faster execution, subject to the availability of money in the accounts.
So we addressed the question of howsubmit a claim to the court and what to do after that. In practice, of course, there will be all sorts of questions and inconsistencies. However, knowing the procedure and deadlines for filing a claim to the arbitration court, it is already possible in the process to solve other problems as they are received.
Another option - appeal to lawyers. However, you should know that the cost of drafting a claim to the arbitration court is rather high, and therefore you need to be prepared for spending.
