Filing a claim with an arbitration court is a process that should be taken with full responsibility. It is advisable to include a good specialist in the field of jurisprudence in this case, since the requirements made by the arbitration judges to the participants are quite high. The slightest mistake, mistake or misunderstanding of the situation may result in a refusal to satisfy the claimed claims.
Arbitration disputes and courts
The judiciary in question is specialized. They deal exclusively with disputes arising between business entities. That is, parties to 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 is not engaged in business, then such a dispute will not be considered by arbitration, but by a court of general jurisdiction.
Given the fact that disputes arise between business entities, the courts impose stricter requirements on such processes than in the SOY. For example, a lawyer who files a lawsuit must justify his position with the application of legislative norms, otherwise the court may take the position of a defendant and refuse to satisfy the requirements.
Claim preparation
The submission of the statement of claim to the arbitration court must occur in accordance with all the rules established by a special regulatory act. This act is the Code of Arbitration Procedure. It describes the requirements for the statement of claim. So, a lawsuit in an arbitration court, a sample of which can be found in our article, must contain inalienable and mandatory attributes. Among them, the following can be noted:
- name of the court to which the document is sent;
- information about the plaintiff and his defendant, which include the name, legal form, address, telephone number, etc .;
- essence of the requirements;
- substantiation of their position;
- claim to the defendant, which the plaintiff requests to satisfy the court;
- other important circumstances necessary for reflection in the claim, according to the plaintiff.
The lawsuit is signed by the representative of the organization, its director or another person who has such authority.
Preparing the application for the lawsuit
Having drawn up the statement of claim, one should proceed to the preparation of documents that will prove the plaintiff's claims. Depending on the nature of the dispute, these documents can be any papers (payment orders, agreements, letters and answers to them, bank statements, and much more). It is with these documents that the plaintiff will prove the validity of his claims, and therefore their absence will be an obstacle to the satisfaction of the claimed claims. At the very least, this will greatly complicate matters.
Among the documents that need to be attached to the lawsuit, not only evidence. So, among the binding documents there are powers of attorney that confirm the credentials of representatives; constituent documents, which indicate the proper legal status of the plaintiff; claims that the plaintiff must send to his opponent before filing a lawsuit. In addition, the applicant has the right to attach to his application other documents that he considers necessary for an objective hearing.
Application Methods
Having prepared a lawsuit in an arbitration court, a sample of which is also placed on the premises of the courts, and an annex to it, you need to send documents to the state body. This action can be done in several ways. So, how to file a lawsuit?
- Personally contacting a judicial authority. It is necessary to go to the registry of the court, provide a full package of documents. A court specialist must sign on the second copy of the claim, which will confirm receipt.
- Through an online resource. This is most likely the easiest way, since there is no need to visit a judicial authority. In order to convey your requirements in this way, first of all, you need to scan all the documents in separate files, each of which is named, indicate the number of sheets in the file. After that, send documents through the court’s official website and wait for them to be accepted. As a rule, registration takes place within 1 day. Important! You must be registered on the portal "State Services".
- Through a postal organization or through your representative.
Grounds for leaving the application without movement
The submission of the statement of claim to the arbitration court should be accompanied by subsequent monitoring and control of its motion. In cases where the claim or its annex does not meet the requirements of the law, the judge has the right to leave it without movement. In other words, consideration of the application is suspended, the applicant is given the necessary time to eliminate the existing comments. Usually, such remarks include underpayment of state duty, lack of necessary documents. If the plaintiff manages to correct the deficiencies, bring the required documents or pay the state duty at the time indicated by the judge, then the judge accepts the lawsuit to proceed and proceeds with the preparation for the trial. If the plaintiff fails to comply with the instructions of the arbitration court before the appointed time, the claim will be returned. The return by the arbitration court of the statement of claim does not deprive the plaintiff of the right to file it again, of course, eliminating all the shortcomings.
Grounds for returning the claim
The above circumstances, in which the claim is sent back to the plaintiff, are not the only grounds for this action. The return of the statement of claim by the arbitral tribunal may also be made for other reasons. As a rule, such reasons are very significant and cannot be eliminated as soon as possible. For example, the reason for the return will be that the application is signed by a person who did not have the right to do so. Other circumstances will be, for example, violations of the established procedure for filing, including non-compliance with the mandatory order in the direction of the claim. The arbitration tribunal shall issue a ruling on its decision to return the application filed in violation. This judicial act is sent to the plaintiff, after which he is given 15 days to appeal. If no private complaint is filed during this period, the determination shall enter into force, and the documents shall be sent to their submitter.
Statutes of limitations
As you know, everything has its own prescription. This also applies to court cases. In the arbitration process, the limitation period applies to those cases, the circumstances of which happened a long time ago. 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, according to the requirements for invalidating a contract, this limitation is only one year. On the contrary, in claims for the elimination of violations of rights there is no such limitation at all, that is, a claim can be made even many years after the date of such violation. In order for the statute of limitations to be applied by the court, a corresponding petition must be submitted. The court will take it into account, and the case will be dismissed. However, if such a request is not received from the side of the process, the case will be examined on the merits. Therefore, it is important to comply with the statute of limitations for filing claims.
Trial
The arbitration proceedings are similar to those in the SOY, with some exceptions. For example, if in courts of general jurisdiction a case must be completed within 2 months from the moment of its registration and acceptance for production, then in arbitration this period is increased to 3 months. Naturally, this is due to the rather high complexity of economic affairs. The trial itself consists of a preliminary hearing, a main trial, familiarization with the case file, a judicial debate and, in fact, a decision. At each of these stages of the consideration of the claim, the applicant should make every effort so that his claims are confirmed. If this is achieved, then the court decision will be in favor of the plaintiff. Do not forget about the defendant, who will also prove his case by all means, convincing the judge to make an act in his favor.
Cost of claim and payment of state duty
The state duty for a claim in an arbitration court is determined by the rules established by the Tax Code. Before applying to the court, you need to carefully study the norms of this legal act, calculate the correct amount for paying the fee. Ultimately, this 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 a plaintiff makes, the more he will have to pay a contribution to state revenue. The only consolation is the fact that if the requirements are satisfied, this amount will be recovered from the defendant. In some cases stipulated by the agro-industrial complex, payment of the state duty may be deferred, deferred, but a petition must be made about this. The state duty for a lawsuit in an arbitration court can be paid both in banking institutions and through Internet resources.
Judgment
After the judicial debate, the judge decides on the case. Up to this point, it is possible to submit additions to the statement of claim to the arbitration court or other changes to the claims. After the judge leaves the deliberation room for a verdict, no additional documents and statements will be accepted. After the decision is announced, 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 the 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 any party has doubts about the objectivity of the decision, then, of course, it is better to appeal it to the court of appeal. For this, it is necessary to draw up a complaint, pay a state duty and forward it to the appropriate authority.
Enforcement of Judicial Act
Having received a writ of execution, it should be sent to the bailiffs who will be engaged in the recovery of debt or other performance in accordance with the verdict. To find out where to send the writ of execution is easy, you need to 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 a writ of execution to the bank, where the debtor has accounts. This method is characterized by faster execution, provided that there is money in the accounts.
Thus, we examined the issue of how to file a lawsuit in court and what to do after that. In practice, of course, all kinds of questions and inconsistencies arise. At the same time, knowing the procedure and deadlines for submitting a statement of claim to the arbitration court, it is already possible to solve other problems in the process as they become available.
Another option is to contact lawyers. However, you should know that the cost of preparing a statement of claim to the arbitration court is quite high, and therefore you need to be prepared for expenses.