The subjects of the Russian Federation has a system of courts of arbitration that resolve disputes between the organizations and entrepreneurs on issues related to the implementation of commercial activities. The judicial acts of these bodies are also called solutions, but the host judges are in public service, therefore, parties are entitled to appeal against the decisions in the arbitration proceedings. To appeal the party concerned should prepare and submit the statement containing the requirement about cancellation of the decision of the arbitral Tribunal, which must be sent to the arbitration court of the corresponding subject of the Russian Federation. The deadline for sending this application is three months from receipt of the copy of the judgment.
The application challenging the arbitral award must meet certain requirements that apply to its form, content, attached documents. So, the statement must contain details of the arbitration court, the contested decision, the names of the parties who participated in the meeting of this court, the date of receipt of the judicial act and a variety of other information. In the list of attached documents should present itself contested decision, the arbitration agreement of the parties, proof of payment of duty, the justification for cancellation of the adopted judicial act. If filed in the arbitration court the statement with the application contrary to the stated requirements, it is left without movement, returns in accordance with the General rules of production.
The statement about cancellation of the judicial act of the arbitration court, the attached documents should set out the specific grounds on which the applicant asks to cancel the decision. In the arbitration procedural legislation set out a clear list of grounds on which you should focus at the stage of preparing an application. So, the decision can be cancelled if the signed arbitration agreement is invalid, the party concerned was not informed about the appointment of judges, time and place of the proceedings. In addition, the ground for avoidance is output by a court outside of the list of issues determined in the arbitration agreement. Finally, the violation of the established procedure of the proceedings also may result in cancellation of the arbitration decision.
What are the requirements for application?
The application challenging the arbitral award must meet certain requirements that apply to its form, content, attached documents. So, the statement must contain details of the arbitration court, the contested decision, the names of the parties who participated in the meeting of this court, the date of receipt of the judicial act and a variety of other information. In the list of attached documents should present itself contested decision, the arbitration agreement of the parties, proof of payment of duty, the justification for cancellation of the adopted judicial act. If filed in the arbitration court the statement with the application contrary to the stated requirements, it is left without movement, returns in accordance with the General rules of production.
On what grounds can I appeal the decision of the arbitral Tribunal?
The statement about cancellation of the judicial act of the arbitration court, the attached documents should set out the specific grounds on which the applicant asks to cancel the decision. In the arbitration procedural legislation set out a clear list of grounds on which you should focus at the stage of preparing an application. So, the decision can be cancelled if the signed arbitration agreement is invalid, the party concerned was not informed about the appointment of judges, time and place of the proceedings. In addition, the ground for avoidance is output by a court outside of the list of issues determined in the arbitration agreement. Finally, the violation of the established procedure of the proceedings also may result in cancellation of the arbitration decision.
