Legal representation in cases related to the enforcement of judicial acts of arbitration courts
One of the important areas of practice of lawyers of BRACE Law Firm is the provision of legal representation services in a court in cases related to the enforcement of judicial acts of arbitration courts. In our practice, we face with various types of cases related to the enforcement of judicial acts of arbitration courts at different stages of resolution, including pre-trial and trial. Our advantage is extensive experience in case management in courts, specialized expertise and a well-coordinated team of lawyers and lawyers.
Features associated with the cases related to the enforcement of judicial acts of arbitration courts require an individual approach to each specific case and careful legal analysis.
Enforcement of Judicial Acts
Judicial acts of arbitration courts are enforced upon their entry into legal force, except in cases where immediate enforcement is possible, in the manner established by the Arbitration Procedure Code of the Russian Federation and other federal laws governing enforcement proceedings.
According to Part 2 of Art. 319 of the APC RF, enforcement is carried out on the basis of a writ of execution issued by the arbitration court, unless otherwise provided by the Arbitration Procedure Code of the Russian Federation. The writ of execution is issued to the claimant or, at his request, is sent for execution directly by the arbitral tribunal. A writ of execution for collecting money in budget revenue is sent by the arbitration court to the tax authority, another authorized state body at the location of the debtor.
In cases where a judicial act has been adopted in favor of several plaintiffs or against several defendants or if execution must be carried out in various places, the arbitration court, at the request of the collector, issues several writ of execution with an exact indication in each of them of the place of execution or that part of the judicial act which to be executed on this writ of execution.
The deadline for presenting a writ of execution for execution is interrupted by presenting it for execution, unless otherwise provided by federal law.
In the event of the return of the writ of execution to the claimant in connection with the impossibility of its execution, the new term for the presentation of the writ of execution for execution shall be calculated from the day of its return.
The recoverer who has missed the deadline for presenting a writ of execution for execution is entitled to apply to the arbitration court of the first instance that examined the case with a request to restore the missed deadline if the restoration of the specified deadline is prescribed by law.
In the event of the loss of the writ of execution, the arbitral tribunal, which adopted the judicial act, may, at the request of the collector, issue a duplicate of the writ of execution.
The claimant’s application for the issuance of a duplicate of the writ of execution shall be considered by the arbitration court at the hearing within a period not exceeding ten days from the date of receipt of the application by the court.
In the presence of circumstances that impede the execution of the judicial act, the arbitration court that issued the writ of execution, at the request of the claimant, debtor or bailiff, has the right to delay or install the execution of the judicial act, change the method and procedure for its execution. If the enforced judicial act is canceled in whole or in part and a new judicial act is passed on the full or partial refusal of the claim, or the claim is left without consideration, or the proceedings are terminated, the defendant is returned all that was recovered from him in favor of the plaintiff by a repealed or amended judicial act in the relevant part.
- Legal analysis of documents and other evidence submitted by a client regarding the cases related to the enforcement of judicial acts of 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
- The 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 cases related to the enforcement of judicial acts of arbitration courts