According to the provisions of Article 49 of the APC, the plaintiff, at any stage of the consideration of the case, until the court makes a decision, has the right to file a waiver of the claim. In the arbitration process, both full refusal and partial refusal are allowed. However, the judge will not accept such a requirement if it contradicts the norms of the current legislation or violates the rights of third parties. It should be remembered that it will no longer be possible to re-apply to arbitration with similar requirements for the same defendant.
Motives
As a rule, the plaintiff submits a waiver of the claim in the arbitration process if the defendant at the time of consideration of the case has already fulfilled his obligations or terminated the acts that violated the rights of the first.
The conclusion of an amicable agreement between the parties can also take such a step, for example, they agreed that the repayment of the debt will be phased. And it is possible that the plaintiff simply changed circumstances, for example, a new member joined the LLC, who is also a defendant in the lawsuit. Very rarely, but still there are situations when the plaintiff’s claims are in fact unfounded or have already lost their relevance, and he understands that he won’t be able to win the case.
In fact, there are a lot of reasons for filing a waiver in an arbitration process. The main thing is that the plaintiff can refuse even without revealing his true motives, but this step must be voluntary.
General requirements
First of all, it should be understood that a refusal is an unconditional decision of the plaintiff, which is submitted in writing. Such a document removes all claims against the defendant or part thereof.
At the same time, if the defendant has already fulfilled his debt obligations or other actions, then it is more rational to conclude a settlement agreement.
You can refuse the requirements even in the arbitration of the appellate court. In this case, it is necessary to act in the same way as the plaintiffs in the court of first instance. Draw up a petition and file a lawsuit.
Application Requirements
Refusal of the plaintiff from the claim in the arbitration process is made according to the type of statement of claim. The template for such a document is not provided by applicable law.
The document must display the details of the court, the data of the plaintiff and defendant. Required details of the court case. The rest of the text is in free form. It is also recommended that the plaintiff be aware of the consequences of such a decision.
Application Methods
You can transfer the application for the waiver of the claim in the arbitration process in the traditional way - through the registry of the court. The second copy of the document is marked with the receipt of the application.
It is allowed to send the document by mail, through registration of a registered letter. It is possible for the parties to the proceedings to transfer procedural documents via the Internet. In this case, you don’t even have to go anywhere, just go to the website of the My Arbitrator electronic system of arbitration courts.
Effects
Waiver of the claim in the arbitration process involves the occurrence of certain consequences for both parties to the dispute.
The main thing is that the plaintiff must understand that in the future he is not entitled to apply to the court with the same requirements and to the same party. This is enshrined in article 151 of the APC. Therefore, if the defendant, in exchange for ending the dispute, promises to pay off all debts, it is better to wait for the money to be received and only then make any decision.
As the judicial practice shows, payment of the state fee is not always assigned to the defendant, especially if the plaintiff abandoned his claims. After accepting the application and its consideration, the judge renders his verdict in the form of a determination, which states that the proceedings on the case are terminated.
Practice
The waiver of a claim in the arbitration process in connection with payment (the sample is given in the text) may contain requirements for the reimbursement of costs of the trial by the defendant. That is, in the request part of the application should be written:
- Please accept the denial.
- Collect from the defendant the state fee paid at the time of filing the statement of claim in the amount of ... rubles.
- Recover from the defendant the costs incurred in attracting a representative in the lawsuit, which are confirmed by the contract on ... from ... (date).
The application will need to be accompanied by a receipt confirming the payment of the fee, and a copy of the contract with the lawyer (lawyer) who participated in the process.