As a rule, dispute resolution is carried out in courts of general jurisdiction. These bodies are state. Meanwhile, in a number of cases, an arbitration court is formed. Consider its features.
What is an arbitration court?
For the settlement of a dispute that arose within the framework of civil law relations, the law provides for the possibility of election by the parties of a sole arbitrator or a panel of arbitrators. They may also be appointed by the Arbitration Institution.
So what is an arbitration court ? This is a non-governmental body, formed by agreement of the parties for the proceedings in a special procedural form. Dispute resolution is carried out by individuals elected in the prescribed manner.
Production language
If the participants have not agreed on another, the arbitration shall be conducted in Russian. The party providing documents or materials in another language must ensure their translation.
Lawsuit
The rules for its preparation are referred to in article 22 of the Federal Law No. 102 " On Arbitration Courts in the Russian Federation ". According to the norm, the plaintiff is obliged to state the requirements in writing and submit them to the court. Their copy is sent to the defendant.
The lawsuit states:
- Date of preparation.
- Name and address of location of organizations / . I.O. of citizens (including entrepreneurs) acting as parties.
- Justification of the competence of the court (it is set out in the arbitration agreement).
- Requirements.
- The circumstances on which the claim is based.
- Evidence supporting the position of the plaintiff.
- List of documents attached to the application.
The petitioner or his representative signs the appeal. In the latter case, the power of attorney or another document confirming the authority of the person should be present in the number of applications.
The rules of arbitration may provide for additional requirements for the claim.
Feedback on the application
According to the above normative act " On Arbitration Courts in the Russian Federation ", the defendant has the right to send objections to the claim. They are also written.
The direction of the recall shall be carried out in the time and manner provided for in the rules of the arbitration proceedings . If a time frame is not defined, objections must be submitted before the first meeting.
The Law "On Arbitration Courts " allows for modification or addition of claims by the plaintiff or recall by the defendant. In this case, the parties must take into account the provisions of the arbitration agreement and the competence of the court.
Counter statement
It represents the requirements of the defendant to the plaintiff in the initial claim. The counter-statement ensures consideration of the mutual claims of the parties in the same process and by the same composition of the arbitral tribunal .
In this lawsuit, the defendant does not raise objections, but he himself claims the plaintiff. The right to a counterclaim arises under the following conditions:
- There is a relationship between the initial and counterclaims. Mutual communication is recognized when the obligations of the parties to the dispute are determined by the execution of one contract or by agreements that are interconnected.
- Counterclaims are subject to arbitration.
The judge independently decides on the adoption of counter-production requirements. However, the adoption must be before a decision is made on the merits.
The Law on Arbitration Courts provides for the right of the parties to independently determine the deadline for the submission of counterclaims. In this case, the start date cannot come earlier than the beginning of the process, and the end date - after the completion of the proceedings.
Settlement of counterclaims
Such a procedure is possible in accordance with the Civil Code. The relevant provisions are enshrined in Article 410 of the Code.
According to the norm, a partial or full set-off of counterclaims is allowed, the term of which has not come, is not specified or is limited by the place of demand.
Mutual repayment of homogeneous obligations, the deadline for which has not come, is allowed.
In court, when applying this procedure in disputes between individuals, as in cases involving organizations, the requirements for a counterclaim must be observed.
Interim Measures
According to article 25 of the Law on Arbitration Courts , they are accepted at the request of one of the participants in the process, unless the parties have agreed otherwise. The court may require the provision of adequate security from any party to the dispute.
Appeal to the competent court of the Russian Federation and the adoption of interim measures cannot be regarded as actions contrary to the agreement on referring the dispute to the arbitration court or as a refusal to do so.
A petition shall be sent at the place of arbitration or at the address of the location of the property in respect of which measures are being taken.
The interested party shall attach evidence to the court of arbitration and a receipt of payment of the fee to the application to the competent court of the Russian Federation .
Features of evidence
In the framework of the arbitration proceedings, the participants should justify only those facts to which they refer in the claims and objections.
If the court considers the evidence insufficient, it may invite the parties to provide additional materials.
Regulations
This document sets out key aspects of the work of permanent arbitration courts.
According to the provisions of the Rules, a person who is unable to obtain the necessary documents and materials on his own is entitled to apply to the court with a request for the demand for evidence. In a statement, the interested party must indicate which particular fact relevant to the proceedings will be justified by the requested document. In addition, in a petition for the demand for evidence, a person gives reasons why he cannot receive it on his own.
If the application is satisfied, the court shall issue a ruling. It establishes the deadline and procedure for providing the requested information. A copy of the decision is sent to the participants in the arbitration proceedings , to the official who has the necessary materials.
Production Features
Article 19 of the Federal Law "On Arbitration (Arbitration)" establishes that participants in the process, subject to the provisions of the law, can agree on the procedure at their discretion. If there is no such agreement, the arbitration court may conduct the case as it sees fit.
In this case, the principles enshrined in Art. 18 Federal Law No. 102. According to the norm, arbitration proceedings in the Russian Federation should be carried out on the basis of the principles of confidentiality, legality, impartiality and independence of judges, equality, competition and dispositiveness.
Legality
Compliance with the law is a general legal requirement. It presupposes the supremacy of the legal acts used in the proceedings. The list of regulatory documents that guide the arbitral tribunal is given in article 6 of the Federal Law No. 102.
Confidentiality
The subjects involved in the proceedings should not divulge information that became known to them during the consideration of the case.
The arbitrator, among other things, must maintain the confidentiality of information received by him in the study of evidence.
Independence and impartiality
The legislation does not allow pressure on judges in the process of resolving cases. In addition, the judge must be independent of the participants in the proceedings. This means that he should not have kinship with the parties, he cannot be accountable to and controlled by him. There should be no doubt about the impartiality of the authorized person.
Independence involves consideration of a dispute only in accordance with applicable law and on the basis of internal convictions in the absence of any extraneous influence on the will of the court.
Dispositiveness
It implies the possibility of the parties to influence the occurrence, termination, change, as well as the trial itself. The parties are entitled, in particular, to recognize the claim or refuse it, conclude an amicable agreement, present counterclaims, etc.
Any actions affecting the course of the process should be documented.
Decision
The consideration of the case in the arbitration court is carried out on the basis of an agreement. It is concluded by the parties and determines the conditions and procedure for conducting the process.
Persons who have entered into an agreement accept the obligation to voluntarily implement a decision made on the merits. The arbitral tribunal and the parties must make every effort to ensure that the execution of the decision is legally possible.
According to the Federal Law " On Arbitration (Arbitration)", after studying the circumstances of the case, the judges decide by a majority of votes. It is announced at a meeting. The presiding judge of the arbitration (arbitration) court is entitled to voice only the operative part of the decision.
If the parties have not agreed on a deadline, a reasoned final decision shall be sent within 15 days from the date of announcement of the operative part.
Content of the decision
The decision shall be set forth in writing and signed by the judges, including the judge having a dissenting opinion. In a peer review case, the decision may be signed by a majority. In this case, a good reason must be indicated for which there are no signatures of other authorized persons.
The decision should include the following information:
- Date of adoption.
- Location of the proceedings.
- The composition of the court and the rules for its formation.
- Name and location of organizations, F. I. O., dates, places of birth, residence and work of citizens and entrepreneurs acting as parties to the dispute.
- Justification of the competence of the court.
- Requirements and objections, petitions.
- Circumstances established by the court, evidence on the basis of which the conclusions of the court are formulated, legislative and other regulatory acts by which authorized persons were guided in making the decision.
The operative part must contain the courtโs findings on the satisfaction of each claim stated in the process, or on the refusal to do so. Also in this section of the decision, the sum of the costs associated with resolving the case, the procedure for their distribution between the participants is given. If necessary, the rules for the execution of the decision are also given.
Termination of proceedings
It is allowed if:
- The plaintiff refused the claim. Moreover, the termination of the proceedings is possible if the defendant does not submit an objection to this, due to the presence of interest in resolving the case on the merits.
- The parties to the dispute reached an agreement.
- The court ruled that it lacked the competence to review the case.
- Liquidated company that is a party to the process.
- A citizen (including an entrepreneur) has died, is recognized dead or missing.
- There is a decision of the court of general jurisdiction, arbitration or arbitration court, issued on a dispute between the same parties, on the same subject and on the same grounds, and which entered into force.
Ship classification
Separation of authorized bodies is carried out on a variety of grounds. So, depending on the time of work, permanent courts are allocated. They are formed by exchanges, enterprises, chambers of commerce, institutions.
In some cases, a temporary court is created to conduct proceedings on an individual dispute.
Depending on the specialization, there are courts considering:
- Specific dispute.
- Any business subordinate to the authority.
According to the subject composition, there are instances examining cases involving:
- Only legal entities.
- Organizations and citizens.
- Only individuals.
Courts can be formed that consider disputes regardless of the subject composition.
Organ formation rules
The procedure for the formation of the court will depend on its type.
Permanent bodies may be formed by an organization established in the manner prescribed by law. Such courts are considered formed when:
- A decision was made on the formation of an arbitration body.
- The regulations on the court and its composition have been approved.
Legislation, however, sets out a number of restrictions. So, an arbitration court cannot be created under executive federal and regional power structures, as well as under bodies of territorial self-government.
To start a court, you do not need to register it.
The formation of the court is the registration of the proceedings as one of the activities of the organization having the status of legal entity.
Jurisdiction
In an arbitration court, by agreement of the parties, any disputes arising from civil law relations may be tried. The criteria for jurisdiction are:
- The absence of a decision of the competent court (instance of general jurisdiction) in this dispute.
- The presence of a special - arbitration - agreement.
- The lack of exclusive competence of the arbitral tribunal or court of general jurisdiction in this dispute.
The arbitration court is not subject to the following cases:
- On the establishment of circumstances of legal significance.
- Arising from labor relations (corporate and individual disputes).
- About insolvency.
- Related to the exclusive jurisdiction of instances of general jurisdiction and arbitration.
- Derived from public relations and administrative-legal nature. These, for example, include disputes in the field of licensing related to the protection of the legally incapable, the application of administrative sanctions, etc.
Arbitration agreement
In cases considered by the competent courts, an agreement may be drawn up before a decision is made. It is in writing, unless otherwise provided by law.
The arbitration agreement is deemed executed if its text is present in a document signed by the participants or concluded through the exchange of messages, letters, etc.
Arbitration agreement
It is considered as an independent agreement under which interested parties agree on arbitration of conflicts that may appear during the execution or interpretation of any transaction made by these persons.
An essential condition for such an agreement is its subject. In the absence of information on the name, address of the court, names of disputes that may be considered by it, the contract will be declared non-concluded.
Arbitration clause
The text of the main agreement includes information on the settlement of disputes that may arise in the future when the terms of the transaction are fulfilled. If the contract has expired, the requirements of the reservation will remain valid. They act as the basis for appeal to the arbitration body.
A reservation may be included in the contract after its signing. For this, the parties draw up an additional agreement.
Composition of the court
The number of judges is determined by the parties. Moreover, the number of persons must be odd. If the parties have not determined the number, then the court shall be created according to the rules of a permanent body. If the rules do not indicate the number of judges, the composition of the court is composed of 3 people.
In the formation of a body of three judges, one of them is chosen by the parties. Elected judges choose the third.
If one of the participants in the case does not name the judge within 15 days from the date of receipt of the request from the other participant or two elected persons do not appoint a third one within the same period, the proceedings in the arbitration court shall be terminated. A dispute may be referred to a competent court.
Legal costs
Arbitration costs include:
- Collection.
- The fee of judges.
- Costs of judges, including travel to the place of trial.
- Payment for translation services and experts.
- The expenses of judges for the examination and investigation of material or other evidence at their location.
- The costs of witnesses.
- Payment for representative services by the participant in whose favor the decision is made.
- Other costs determined by the court.
Judge's fee
It is determined based on the price of the claim, the complexity of the case, the length of the proceedings and other circumstances related to the process.
In a permanent body, the amount of the fee is set in accordance with the scale fixed by the rules of its work.
When resolving a specific dispute, the amount of remuneration is determined by the parties. If participants do not agree on this matter, the general rules apply.
Cost sharing between parties
It can be carried out by agreement between the participants or by the court itself. In the latter case, the costs are distributed in proportion to the rejected and satisfied requirements.
Payment for the services of a representative by the participant in whose favor the decision was made, as well as other costs relating to the proceedings, may be imputed to the other party. This is allowed if the claim for compensation of costs was stated in the process and satisfied by the court.
Competence
When deciding on the issue of competence, the court:
- Determines the nature of the dispute. This is necessary to resolve the issue of the possibility of arbitration proceedings.
- Checks the fact of registration of the arbitration agreement in force in relation to this dispute.
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Conclusion
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