Which cases are considered by the arbitral tribunal
Which cases are considered by the arbitral tribunal
In the system of Russian legal proceedings, not the last role is assigned to arbitration courts. Their competence includes consideration of various disputes related to the implementation of entrepreneurial activities.
What are the functions of the arbitral tribunal
Arbitration courts (arbitration) consider onlydisputes related to the conduct of business or other economic activities. The structure of arbitration courts is formed by: courts of 1 instance, arbitration courts of appeal, Federal Arbitration Courts of districts (cassation instance), and also the Supreme Arbitration Court of the Russian Federation. The latter, among other functions, is entrusted with the authority to review judicial decisions in the manner of supervision. The territorial jurisdiction of the appellate and cassational arbitration courts is prescribed in the Federal Constitutional Law "On Arbitration Courts in the Russian Federation". There is also a Court of Intellectual Rights, which is authorized to resolve cases in the field of intellectual property protection. The cases that may be considered by the arbitral tribunal
So, what kind of conflict situations is authorizedto allow arbitration? Mainly, these are various disputes with the participation of enterprises and entrepreneurs regarding the conclusion and execution of contracts. So, if one enterprise has a debt to another before the other, then for its compulsory collection it is necessary to submit a claim to the arbitration court. Similarly, one should act when it is necessary to terminate the contract or to recognize it as invalid. The second category of cases consists of disputes related to the appeal of normative-legal and local acts, as well as actions related to the organization and conduct of entrepreneurial activities. Here the respondents will already be the bodies of state power, local self-government, as well as their officials. For example, an enterprise should cancel a decision on the application of sanctions for violations of tax, customs, antimonopoly, town planning and other legislation. Here it is possible to include cases on collection of mandatory payments and fines (including administrative ones). A significant number of cases in the proceedings of arbitration courts concerns the bankruptcy of debtors. Here, the parties have to be guided not only by the agrarian and industrial complex of the Russian Federation, but also by the provisions of the Federal Law "On Insolvency (Bankruptcy)." The next group of cases is formed by numerous corporate disputes. They are associated with the creation and further management of the enterprise. The parties in this case will be the legal entity itself, as well as its participants (founders, members, etc.). A more detailed list of corporate disputes to be considered in arbitration courts is listed in art. 225.1 APC RF.Rassmatrivaet arbitration and cases relating to the confirmation of facts of legal significance. The main ones are indicated in art. 218 of the APC of the RF. Arbitration courts and cases related to challenging and compulsory execution of decisions of arbitration tribunals adopted on economic disputes. In addition, the competence of arbitration includes issues related to the recognition and enforcement of decisions of foreign courts in the field of business relationships. In addition, cases relating to breach of business reputation in the framework of carrying out entrepreneurial activities may be submitted to arbitration courts.
