The court of arbitration is far from always ongoing. The legislation provides grounds for suspension, postponement and interruption of production. Let's consider them in more detail.
Break
The legislation establishes three main forms of temporary suspension of legal proceedings. The first of these is a break. It should be understood as a temporary cessation of the proceedings necessary for:
- Rest judges and participants in the process.
- Elimination of circumstances preventing the continuation of the proceedings. For example, the court may consider that the evidence gathered is insufficient, and it is necessary to obtain additional information that can be provided in a short time.
The term of the announcement and the procedure for interrupting production are regulated in the 163rd article of the agro-industrial complex.
The maximum duration of a temporary suspension of proceedings is 5 days. If a longer break is necessary, the arbitral tribunal must adjudge the adjournment of the hearing.
Procedural moments
If the break is announced within one day, the secretary makes an appropriate entry in the minutes of the meeting. If the court considers it necessary to interrupt the proceedings for a longer period, a ruling shall be issued. It indicates the date, place and time of the next meeting.
After a break, previously studied materials are not re-studied. This rule also applies in cases of replacement of production participants.
The parties to the process attending the hearing, during which the court adjourned and announced the time to continue the meeting, are considered duly notified. Their failure to appear after the break cannot prevent the continuation of the proceedings.
Adjournment of the meeting
In some cases, it may be necessary to postpone the proceedings for a long time (exceeding 5 days). The powers of the court in the arbitration process include the adjournment of the meeting. At its core, this procedural action is practically no different from declaring a break. The only difference is the length of the termination of the proceedings.
Ways to adjourn a hearing
The agro-industrial complex provides 2 options for interrupting proceedings for a long time: mandatory and optional.
In the first case, the hearing should be adjourned if:
- Witnesses, experts, translators notified of the place, date and time of the trial did not appear in court, and the parties did not file a motion to consider the dispute in the absence of these entities.
- The party failed to appear at the meeting, and the court does not have evidence of its proper notification.
An optional adjournment of the meeting is allowed at the initiative of the court or at the request of the participants in the proceedings. Reasons for postponing the hearing may include:
- Appeal of the parties to the mediator (mediator) or the court for assistance in resolving the dispute.
- An application by a duly notified person for the impossibility of attending a meeting for a good reason. In the statement, the entity must justify his failure to appear.
- The motion of the party to adjourn the hearing of the case in connection with the inability of his representative to attend the meeting for a good reason.
- Illness of the judge and other circumstances hindering the meeting. In such cases, the trial is adjourned by the chairman of the court or his deputy for a period of up to 10 days.
- The impossibility of the appearance of a person who wants to conclude a settlement agreement.
- The need to provide additional evidence in the case.
The meeting is also adjourned if the court considers that the proceedings cannot continue at this meeting, including due to the failure of one of the parties, other participants in the process to appear, in case of a malfunction in the technical means (video conferencing system, for example).
Rules of Procedure
When making a decision on the adjournment of the proceedings, the court shall notify those present about the date, time, place of the new hearing. Citizens are notified directly at the meeting under the signature in the minutes.
A new trial begins from the moment at which the previous one was interrupted. Previously investigated evidence is not re-examined.
The deadline for postponing the meeting is 1 month. In case of dispute settlement, the period may be doubled.
The court has the right to interrogate witnesses who appeared at the hearing to be postponed. This will avoid additional costs and distract citizens from their core business. The collected information is announced in a new meeting.
Legislation does not provide for the possibility of appealing against a decision to adjourn proceedings. This is due to the fact that this procedural act does not violate the interests of participants in the proceedings and does not prevent further consideration of the dispute.
Suspension of the proceedings in the arbitration process
The use of this form of temporary suspension of proceedings may be due to procedural reasons or circumstances that hinder the objective and full consideration of the dispute.
In contrast to the postponement of the proceedings, the suspension is not limited by law to specific terms. The proceedings are interrupted until the circumstances that prevent further consideration of the dispute are eliminated.
The timing of the suspension of the proceedings does not depend on the will of the parties, the discretion of the court. At the same time, all other procedural periods are interrupted. The procedure for applying this form of temporary suspension of proceedings is governed by the provisions of Chapter 16 of the APC of the Russian Federation.
Key features
The suspension of the proceedings in the arbitration process has the following characteristic features:
- It leads to a halt of all procedural procedures for both the court and the participants in the proceedings.
- It has a certain duration. If the procedure for suspending proceedings in an arbitration process has been applied, it must be completed. Otherwise, it will not be possible to resolve the case on the merits.
- It is applied not for a specific period, but until the elimination of obstacles, until certain actions are taken.
- Perhaps only for objective reasons, the existence of which does not depend on the parties, other parties to the dispute and the court. Suspension of the proceedings in the arbitration process is allowed on the grounds fixed by law.
According to general rules, the duration of the interruption of proceedings is not taken into account when calculating the period for the consideration of a dispute. However, when determining a reasonable time for legal proceedings, it shall be taken into account.
Types of Suspension
Like adjournment, this type of hearing interruption may be mandatory or optional. In the first case, the law establishes the obligation of the arbitral tribunal to suspend the proceedings, and in the second - the right.
Optional grounds determined by the court. The initiative may come from himself or from the parties to the dispute. In the second case, the participants file a motion to suspend the arbitration proceedings. The final decision remains with the court.
According to the APC of the Russian Federation, the suspension of the proceedings is allowed at any stage of the process - during the trial or at the preparatory stage. The main thing is that this procedural action should be committed before a decision is made on the merits.
Mandatory suspension
The law provides the following grounds for the suspension of proceedings:
- The impossibility of considering a dispute before resolving another case pending before the Constitutional Court, the court of general jurisdiction, the arbitration court of the city, region, region, territory, etc. The proceedings in this case are suspended until the decision comes into force.
- Finding the defendant citizen in the active unit of the RF Armed Forces or the petition of the plaintiff, who is in the active military unit. The proceedings shall be suspended until the removal of obstacles to the continuation of the consideration of the dispute.
- The death of a citizen acting as a party to a dispute or a third party who has declared independent claims if succession is permissible in the legal relationship. In this case, the proceedings are suspended until the determination of the successor who has dropped out of the process of the subject.
- The participant's loss of legal capacity. The proceedings shall be suspended until the appointment of a representative to a legally incapable person.
Optional circumstances
The law provides for the right of the arbitral tribunal to suspend the proceedings in the following cases:
- Appointments of expertise.
- Reorganization of a legal entity acting as one of the parties. The trial is suspended until the successor of the organization is determined in the process.
- Involvement of a citizen participating in the case to fulfill state duties.
- Staying of a citizen acting as a party to the dispute on a lengthy business trip or medical institution.
- Consideration by a court of a foreign state, an international court of another matter, a ruling on which is essential for the resolution of this dispute.
The decision to reject the application to suspend the arbitration proceedings can be challenged in a higher court. An appeal is also allowed if the request is granted.
The procedure for the suspension and resumption of proceedings
It is regulated by the 147th article of the agro-industrial complex. The court ruling shall indicate the reasons for the suspension, describe the circumstances that have become an obstacle to the continuation of the hearing. Since the resumption of the proceedings is associated with the commission of certain procedural actions, the court does not name a specific date. However, the determination may establish a period for which obstacles must be removed.
Information on the suspension of proceedings shall be entered in the file of arbitration cases. Currently, there is a page on the official websites of the courts where you can see information about disputes pending. The file of arbitration cases shall indicate the numbers of the proceedings, the names and initials of the judge and the parties to the disputes, and the stage at which the proceedings are located. If the process is paused, there will be a corresponding mark.
The case resumes, as a rule, after removing obstacles. However, legislation allows an exception. At the request of either party, the case may be resumed in the presence of obstructing circumstances.
Nuances
Despite the break preventing the further progress of the case, the parties to the dispute are vested with a number of rights that they can exercise during the suspension of the proceedings. In particular, the plaintiff may refuse the claim, the parties may conclude a settlement agreement.
In any of these cases, the court must first resume proceedings and then perform other procedural actions. Within the framework of the suspended process, it is impossible to consider a request for an agreement and a waiver of a claim.
It must be said that the interruption of production automatically involves the suspension of all procedural terms. Consequently, in the determination of the court there is no need to indicate separately the stop periods.
Cessation of production
Usually pending, adjourned, suspended or continuous proceedings result in a decision. However, in practice, there are frequent cases when circumstances are discovered by virtue of which legal proceedings are terminated without the adoption of a final decision. The law clearly establishes the grounds for this.
The arbitral tribunal shall terminate proceedings if:
- The case cannot be considered in arbitration. After accepting the petition from the plaintiff, the court must establish whether the dispute of this instance is judged. If not, the claim is returned.
- There is a decision of another arbitration tribunal, a court of general jurisdiction, a competent court of a foreign state on the same dispute, on the same subject, on the same grounds, which has entered into force. This rule does not apply if the recognition and implementation of a foreign court order has been refused.
- There is a decision of the arbitral tribunal that has entered into force on the same dispute between the same persons. An exception are cases when the arbitration court refused to issue an executive document for the enforcement of the said decision.
- The legal entity that was a party to the dispute was liquidated.
- The plaintiff refused his claims to the defendant.
- The citizen participating in the case has died, and succession is not provided for in the disputed legal relationship.
- There is a court decision that has come into effect and has checked the compliance of the appealed act against the normative document, which has greater legal force.
In addition, arbitration is required to terminate proceedings if the parties have reached an amicable settlement.
Important points
The court, having established the circumstances that are grounds for termination of the proceedings, shall issue a determination on this. The document indicates the reasons for the completion of this procedural action, resolves issues related to the return of the state duty paid by the plaintiff (if the dispute is not subject to arbitration). The definition also addresses the issue of costs incurred in connection with legal proceedings.
Copies of the decision should be sent to the parties to the dispute.
Legislation allows for the possibility of appealing against a decision to terminate proceedings.
If the case was closed in such a procedural manner, repeated appeal to the court with a lawsuit on the same subject, to the same subject and on the same grounds, is not allowed.
The parties to the agreement may not subsequently challenge it. The ban is due to the fact that the peaceful resolution of the conflict is carried out by mutual and voluntary expression of will of the parties. Afterwards, participants cannot change their minds. In this regard, when proposing to conclude an agreement, the court should explain to the parties to the dispute the consequences of this procedural action.
Conclusion
The legislation provides for various possibilities for both the court and the parties to the conflict. As a general rule, arbitration should not be proactive in the course of proceedings. However, when revealing circumstances that clearly impede the further progress of the case, the judge is obliged to take measures aimed at eliminating them.
In addition, the Code of Judicial Ethics prescribes the full assistance of the parties to the dispute in resolving the conflict. The manifestation of the initiative of the authorized official allows for a complete and objective consideration of the case.
Of course, interruptions, adjournment of the meeting or suspension of the proceedings should be justified. This means that only for objective reasons a temporary stop of the process is allowed. These measures should not be used by the parties as a way to delay production or to evade the performance of certain procedural obligations. When applying them, all procedural rules enshrined in the agro-industrial complex must be observed. If a determination is made in violation of order, it may be challenged. If the matter is complicated, it is advisable to enlist the help of a qualified lawyer. With his participation, the likelihood of a successful resolution of the dispute is higher.