Jurisdiction of cases is a set of rules that determine the jurisdiction of which court in the system, for example, arbitration, refers to the consideration of a particular case.
In this case, jurisdiction is a narrower concept than jurisdiction, since it allows you to distribute cases subordinate to the arbitration tribunal among the various links of the entire arbitration judicial system.
The following types of jurisdiction exist. Firstly, tribal jurisdiction, which delimits cases between different levels of arbitration. As a general rule, all disputes subordinate to a particular arbitration may be resolved by arbitrations of any constituent entities of the Russian Federation, excluding disputes that relate to the jurisdiction of the Supreme Arbitration.
This instance considers any cases in which legal acts signed by the President, the Government, federal executive bodies that affect the legitimate interests and rights of applicants in the field of entrepreneurial and economic activity are disputed. The Supreme Arbitration Tribunal considers cases that challenge the non-normative legal acts of the President, the State Duma, the Federation Council, and the Government, which affect the rights and interests of the applicant in economic, economic and business activities. In addition, the court considers economic disputes between various constituent entities of the Russian Federation.
The concept of “territorial jurisdiction” defines the delimitation of the competence of arbitrations relating to one link (regional, regional and equivalent judicial bodies of the country's constituent entities). It can be general: in this case, claims are brought to arbitration, located at the address of the defendant. This is the main rule when delimiting the competence of courts located at the same level.
Alternative territorial jurisdiction allows the plaintiff to choose the arbitration to which the lawsuit will be directed. For example, if the defendant's place of residence or location is unknown, then a claim against him may be directed to the arbitration tribunal located at the location of his property or at his last location.
Exclusive territorial jurisdiction is characterized by the condition that the case is considered only by a precisely defined code by the arbitration court. In particular, real estate claims are considered only by courts located at the place where the property is located.
In case of jurisdiction over the connection of cases, the dispute shall be considered in the judicial authority in which another matter related to the dispute is considered, regardless of which territory the disagreement belongs to. For example, a counterclaim should be brought regardless of its jurisdiction at the place where the initial dispute is being considered.
Contractual territorial jurisdiction enables the parties to determine by agreement the place where the lawsuit will be considered. However, such an agreement may arise only in relation to alternative or general territorial jurisdiction. The parties are not entitled to change the exclusive jurisdiction by any agreements.
Alternative jurisdiction (at the choice of the plaintiff) is provided for some civil cases that may be decided by various courts of the same level. The plaintiff has the right to choose which particular arbitration will hear the case, which is jurisdictional to several courts.
The lack of jurisdiction of the case to the arbitration tribunal in which the statement of claim was presented is the basis for returning the claim to the plaintiff. If jurisdiction is found after the initiation of proceedings for a claim, the case shall be referred to arbitration, within the competence of which it is located.