The resolution of disputes in an arbitration court begins with a statement of claim. It is signed by the plaintiff or his representative. After payment of the state fee, the application is submitted to arbitration. Cases must be considered and decisions taken within no more than two months from the receipt of the statement of claim.
On the preparation for the proceedings, an appropriate determination is made. In it, the judge fixes the actions that preceded the preparation, the appointment of the proceedings, as well as the time and place of the proceedings.
In the course of preparation, the issue of calling a third party or another defendant is considered. The court may invite the parties to present certain evidence or documents.
The statement of claim must be properly filed, include all the necessary details that are provided for in article 102 of the APC. In addition, the application may indicate any other information that justifies the requirements. In one claim it is allowed to indicate several requirements that are interconnected with each other.
Submission of an application within the time limits established by law is a limitation period.
In accordance with article 89 of the APC, the resolution of disputes in an arbitration court involves the payment of legal expenses. The amount of costs includes state duty and costs in the course of consideration. The indicated expenses are incurred in advance by the party that declares the relevant requirements, or by the interested parties in equal parts if they simultaneously filed a demand.
Settlement of disputes in an arbitration court shall be composed of 3 judges (with the exception of proceedings for which a decision is made solely). All officials are equal in resolving issues.
Settlement of disputes in an arbitration court involves reaching agreement between the parties. Moreover, in accordance with the agreement, a decision is made if it does not violate the interests and rights of third parties and does not contradict the law.
Settlement of disputes in an arbitration court provides for the conclusion of a settlement agreement. Its execution is carried out in writing. On the conclusion of a settlement agreement a corresponding determination is made. In the ruling, the court indicates the termination of the proceedings.
The decision made at the meeting, if it is not appealed, shall enter into force a month later.
At the hearing, the presiding judge is present . It provides an extremely complete clarification of all the circumstances of the conflict, as well as the safety of the duties and rights of all parties. To do this, the judge determines the procedure for the hearing, the participants are explained the duties and rights. In addition, the authorized person assists in the implementation of the rights of the parties, and also takes measures to create the necessary order at the meeting.
The review takes place with the participation of interested parties, other persons and representatives. At the meeting, the plaintiff and the defendant or other representatives, the expert and other persons participating in the hearing are heard. Thus, assistance is provided to reach agreement between the parties. A meeting is being held.
Upon completion of the consideration of the case, the presiding judge shall make a decision. An official has the right to declare only the operative part.
When making a decision, the court has the right to go beyond the scope of the claim, to reduce in some cases the size of the fine (penalty, penalty) to be recovered at the request of a citizen-entrepreneur or organization that violated the obligation of the party. In addition, he may also defer or delay the execution of the decision.
As practice shows, today tax disputes in arbitration courts are considered the most common legal conflicts.