You will need
- - the complaint in an appropriate judicial authority;
- - the text of the settlement agreement to the changed terms;
- - petition for approval of settlement agreement as amended;
- receipt about payment of state duty.
If the international agreement is signed, but you do not agree to its terms and conditions, please report it to the judge who hears the case. To make such a statement is necessary to the moment the court makes a determination of approval of the settlement agreement.Decide and decide on what terms you are willing to enter into a settlement agreement with the other party, and solicit the court to provide time for revision of the settlement agreement.
After approval of the settlement agreement by the court, it becomes obligatory for the signatories. Approving the settlement agreement, as stated above, the court makes the appropriate determination. It is through an appeal this determination, you can achieve a change in conditions established global agreementm. depending on which court heard the case, a court of General jurisdiction or arbitration court is guided by the recommendations outlined in steps 3 or 4.In all these cases, imagine the approval of the court in which a complaint, a new version of the settlement agreement, agreed with the opposite party to the litigation, and the petition for approval of settlement agreement as amended.
If the case was heard by the court of General jurisdiction (district court, justice of the peace), use the following features to appeal: from January 1, 2012 begins a new wording of article 331 of the Civil procedure code (RF CPC), according to which the determination of the court approving the settlement agreement may be filed a private complaint within 15 days from the date of such determination. Definition of magistrate are appealed to the district court, determining the district court – in the regional or other equivalent to the regional courts;- enforceable court order approving the settlement agreement you have the right to appeal against the order of revision on again opened circumstances. Circumstances which can constitute grounds for such treatment are defined in article 392 of the RF CPC. Considering the complaint, the same court that ruled. The deadline for filing complaints is 3 months from the date when grounds for a retrial.
If the case was heard by the arbitral Tribunal, appeal against the determination approving the settlement agreement:- the Arbitration procedure code (APC RF), h. 8, article 141, establishes that the definition of approving the settlement agreement may be appealed in cassation within one month from the date of its adoption. The cassation complaint is filed through the court hearing the case in first instance;- an enforceable court order approving the settlement agreement you have the right to appeal against the order of revision on again opened circumstances. Circumstances which can constitute grounds for such treatment are defined in article 311 of the APC RF. As in the case of courts of General jurisdiction to examine the complaint of the authorised court that made the determination.
Carefully review the requirements of the code of civil procedure of the Russian Federation or of the APC in relation to the registration of the relevant complaint. Don't forget to pay the government fee.
Advice 2: How to challenge a settlement agreement
To challenge global agreement can only appeal a judicial act for which it is approved. To appeal the global agreement may not only persons involved in the case, but also third parties in case it affected their rights and interests.
You will need
- - a lawsuit in court demanding to declare the settlement agreement null and void and the application for its revision;
- - the presence of new circumstances;
- - may also engage third parties interested in the case;
- - qualified legal assistance.
The global agreement is the agreement of the parties on the termination of judicial dispute peacefully through concessions and mutual satisfaction of the counterclaims. After the signing of the settlement agreement court case on the subject of the dispute is terminated, but may be renewed if the agreement is repealed.
To appeal the settlement agreement filed a counter claim about recognition invalid and reconsideration claiming the judicial decision on again opened circumstances (item 5 of article 311 of the APC RF). Thus, the court can consider the merits of the case. That is, in fact, to return to the stage, when it signed the global agreement.
The newly discovered circumstances in the domestic doctrine of procedural rights implies the existence of facts that existed at the time of consideration of the case and was essential for its correct solution, and you did not know and could not know at the time of the previous hearing about the existence of these facts.
As mentioned earlier, to challenge the global agreement can not only its members but also third parties who have a relation to him. For example, the global agreement on the demolition of a building may challenge not only the developer who agrees to carry the object, but the people who bought his apartment.
If you can't find the "newly discovered circumstances" to review the settlement agreement and annulled, use of this loophole in judicial proceedings – attract third parties interested in the case.
The amicable agreement may also state organ, which exercises control or supervision over the activities of a legal entity. As a rule, in making a determination on the settlement agreement, the court at the end of the text indicates the period during which a global agreement can be appealed.