Representation in Arbitration Courts (arbitrations)
Legal services for representation in an arbitration court (arbitration)
The arbitration court has jurisdiction over cases on economic disputes and other cases related to the implementation of entrepreneurial and other economic activities.
Arbitration courts resolve economic disputes and consider other cases with the participation of 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 APC of the Russian Federation and other federal laws, with the participation of the Russian Federation, subjects Russian Federation, municipalities, state bodies, local governments, other bodies, officials, entities that do not have the status of a legal entity, and citizens who do not have the status of an individual entrepreneur.
Economic disputes in arbitration 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 their consideration by arbitration courts.
Types of disputes in arbitration courts
- Claim proceedings
- Disputes about the collection of mandatory payments and sanctions
- Establishment of facts of legal significance
- Disputes on the award of compensation for violation of the right to legal proceedings within a reasonable time or the right to enforcement of 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 performance by arbitration courts of the functions of assistance and control in relation to arbitration courts
- Recognition and enforcement of foreign judgments and foreign arbitral awards
- Cases in summary proceedings
- Mandatory production
- Disputes on the recognition and enforcement of foreign judgments and foreign arbitral awards
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.
A claim or other pre-trial procedure for resolving a dispute is mandatory in cases provided for by an agreement or law (part 5, article 4 of the Arbitration Procedure Code of the Russian Federation).
To apply in arbitration and defend your position during the process itself, you should prepare all the documents that can confirm the correctness of the dispute. Such documents can be a copy of the contract, payment documents, extracts, acts of work performed, results of examinations, etc. A 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 the 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 essence of the dispute, the circumstances of its occurrence, the requirements put forward, as well as arguments in their favor. After the claim is drawn up, 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.