The procedure for resolving economic disputes by an arbitration court
The procedure for resolving economic disputes by an arbitration court
The prerogative of administering justice in the field ofentrepreneurial and other economic activities, arbitration courts shall resolve disputes between economic entities. This right is enshrined in the Constitution of the Russian Federation and is stipulated by federal legislation. There is a procedure for resolving economic disputes, established in the Administrative Procedural Code of the Russian Federation.
How is the claim filed
A statement of claim, signed by the plaintiff or a person,his representative, is submitted to the arbitration court in 2 copies, of which one is forwarded to the respondent. To the statement of claim, a payment document confirming the payment of the established state fee must be attached. For consideration of the statement of claim and the adoption of a court decision on it, a period of 2 months is given from the day that the arbitration court adopted this application. The statement of claim is drawn up according to the rules established in Article 102 of the APC. It in a charming manner should contain all the necessary requisites, which give it the power of a legally significant document. The text of the claim may contain information that serves as a justification for the claims being made. These claims, if there are several of them and they are interrelated, can be stated in one statement of claim. The court will pay the forthcoming court costs. After the judge acquaints himself with the application, he makes a decision to bring the defendant or other person to participate in the resolution of the arising economic dispute and requests from both parties the documents and evidence that will be required by the court , in order to thoroughly understand the matter. The judge has the right to involve in the proceedings any persons participating in the case as witnesses.How the dispute is handled
The dispute can be considered by the courts of threejudges, one of whom is the presiding judge, or one judge in cases where this is provided by law. Each judge has equal rights with the rest. Judges listen to the opinion of the plaintiff and the defendant, the experts and witnesses involved. The progress of the meeting is recorded in the minutes. If the plaintiff or the respondent is absent from the meeting, it will still be continued if the dispute can be resolved in the absence of one or the other. The purpose of the court session is to reach an agreement between the plaintiff and the respondent, provided that it does not contradict the laws of the Russian Federation and does not infringe on the rights of third parties . The agreement is drawn up in writing, approved by the composition of the arbitration court, which also issues a determination on the termination of the case. The decision shall be announced by the presiding judge after the case is completed. This decision comes into force on the event of a month after its adoption, if it was not appealed in the higher court.
