Council 1: How to challenge the decision of the arbitral tribunal
Council 1: How to challenge the decision of the arbitral tribunal
The decision of the arbitration court can be challenged inappeal, cassation or supervisory procedure. Each of the listed types of appeal differs by certain terms of the complaint, the procedure for its submission and consideration, other parameters.
The first variant of challenging the decision of the arbitrationcourt is considered to file an appeal. In this case, the case is completely reviewed anew by the court of appeal, so the person who lodged the complaint retains the maximum chances of a positive outcome of the case. The general term for sending an appeal is one month, which is counted from the date of adoption of the contested judgment. For some types of cases, a shortened period of appeal is established, which is ten days (for example, cases that are reviewed in a simplified manner). The complaint should be sent to the court of first instance, from which it is automatically forwarded to the appellate court together with the case.
How to challenge the decision of the arbitration court in cassation?
Those decisions are disputed in cassationArbitration courts, which were considered earlier in the appeal procedure. Also, the right to send a cassation complaint arises when the appellate court refuses the participant of the case to restore the expired term for filing an appeal. In addition, the appeal decision may be appealed against in cassation. The time limit for this challenge is two months from the date of acceptance of the act appealed. The complaint is submitted to the court of first instance, which independently directs it to the court of cassation. In case of acceptance of the complaint to the production, the district court will check the complained judicial act for compliance with the norms of material and procedural law.How to challenge the decision of the arbitration court in supervisory procedure?
Submission of the supervisory complaint is the last wayTo challenge the decision of the arbitration court, which is available to the interested parties. Any acts on the case, including appellate and cassation rulings, or determinations may be appealed in supervisory procedure. The only condition is the observance of the deadline for filing a complaint, which is three months from the date of the adoption of the last judicial act in the case. In the case of supervisory review, the person concerned must send a complaint directly to the highest judicial authority (the Supreme Court of the Russian Federation), the requirements for the content of this document are fixed in the arbitration procedural legislation. If the requirements of the applicant for the supervisory complaint are satisfied, then the person can claim compensation.Tip 2: How to challenge a decision
Often the parties are dissatisfied with the case Decision. The law sets a time limit for appealing, onthe expiration of which the decision takes effect. Most of the decisions are reviewed in the appellate or cassation instance. To challenge the decision of the magistrate:
Instructions
1
Get a copy of the decision with the blue seal of the judge. The time for making the decision in a reasoned form is 5 working days.
2
Write an appeal:- indicate the court to which you appeal (the federal district court), the name and addresses of the parties from whom the complaint is sent - the name should contain the case number and the date of the appealed decision of the magistrate. - formulate the grounds for the illegality of the decision: violation of the rules of substantive or procedural law, wrong definition and assessment of the circumstances of the case. Give the specific arguments of the court, which are the basis of the court's decision, indicate the evidence of their incorrectness. - Formulate the requirements, that is, whether it is required to reverse the decision completely or to change it in part, to stop the proceedings.
3
Pay the state duty on the details for consideration in the district court. Information can be placed on the stands of the magistrate's district, the district court, the website of the district court.
4
Attach copies of the complaint to the other persons participating in the case.
5
In the case where the complaint is sent in violation of the deadline, it must contain a petition for the restoration of the period, indicating the valid reasons for the delay.
6
Send the complaint in the mail or take it to the office.
