Legal representation in arbitration courts
BRACE Law Firm provides legal services of representing in arbitration courts.
Our lawyers have extensive experience in legal support of different arbitration disputes and complexity and provide professional legal assistance in representing interests in disputes in arbitration courts.
Disputes in Arbitration Courts
The arbitral tribunal is subject to economic disputes and other cases related to entrepreneurial and other economic activities.
Arbitration courts resolve economic disputes and consider other cases involving organizations that are legal entities, citizens engaged in entrepreneurial activities without forming a legal entity and having the status of an individual entrepreneur, and in cases provided for by the Code of Arbitration Procedure of the Russian Federation and other federal laws, with the participation of the Russian Federation, entities of the Russian Federation, municipalities, state bodies, local governments, other bodies, officials, entities, not them legal entities, and citizens who do not have the status of an individual entrepreneur.
Economic disputes are the most common types of conflicts in the economic activities of any legal entity. Not all of them can be resolved peacefully, because many disputes reach the stage of consideration by arbitration courts.
Types of Disputes in Arbitration Courts
- Public production
- Disputes concerning the collection of mandatory payments and sanctions
- Establishment of legal facts
- Disputes regarding the award of compensation for a violation of the right to a legal proceeding within a reasonable time or the right to enforce a judicial act within a reasonable time
- Disputes on the protection of the rights and legitimate interests of a group of persons
- Disputes related to the fulfillment by arbitration courts of assistance and control functions in relation to arbitration courts
- Recognition and enforcement of decisions of foreign courts and foreign arbitral awards
- Simplified Cases
- Order production
- Disputes on the recognition and enforcement of decisions of foreign courts and foreign arbitral awards
The order of consideration of economic disputes by the arbitration court
When resolving disputes in arbitration courts, there is a certain procedure that should be followed by all parties to the process, including judicial and pre-trial.
The claim or other pre-trial procedure for the settlement of a dispute is mandatory in cases provided for by the contract or the law (part 5 of article 4 of the Code of Arbitration Procedure of the Russian Federation).
To appeal to the court, to uphold one’s position during the process itself, all documents should be prepared that can confirm the correctness of the dispute. Such documents may include a copy of the contract, payment documents, extracts, acts of work performed, results of examinations, etc. The copy of the claim should also be attached to the statement of claim (statement) in order to prove compliance with the claim procedure for resolving a dispute before going to court, if a mandatory pre-trial procedure is provided.
The statement of claim must necessarily contain information about the parties to the conflict, the nature of the dispute, the circumstances of its occurrence, the claims put forward, and arguments in their favor. After the claim is filed, it is filed with the arbitration court at the place of registration of the defendant (most often) or another court (in accordance with the competence of the court), established directly in the contract or law.
The field of litigation and dispute resolution in arbitration courts requires a lot of experience, and in-depth knowledge of the current procedural legislation. This is especially important during a period of significant changes in the judicial system and current procedural legislation.
For successful resolution of a dispute in an arbitration court, a preliminary legal assessment of the current situation with legal expertise of all documents is required. After the competent construction of the strategy for protecting the rights of the client, prompt and legally sound actions aimed at interacting with the arbitration court and with the persons involved in the case are extremely important.
- Legal analysis of documents and other evidence submitted by a client regarding the dispute in arbitration courts
- Advising by lawyers of BRACE Law Firm on the prospects for trial and/or pre-trial settlement of a dispute
- Drafting and submission of a pre-trial claim (if a mandatory pre-trial procedure is provided or the submission of a pre-trial claim is necessary for other reasons)
- Development of a strategy and tactics for protecting a client in a court
- Collection, preparation and retrieval of evidence for a court case
- Preparation and filing of a statement of claim (application) and other procedural documents on a judicial dispute
- Representation of interests, case management in court by lawyers of BRACE Law Firm and performing all other necessary procedural actions
- Coordination in several parallel cases
- Legal assistance in administrative cases
- Preparation and support of the conclusion of settlement agreements concluded at various stages of the trial
- Appeal of judicial acts in courts of appeal, cassation and supervisory court
- Legal support of enforcement proceedings
- Other legal assistance in court cases on in arbitration courts