How is the appeal drawn up and filed with the arbitration? There are a lot of samples, but which of them are suitable for use and what to look for when preparing a document? What is the submission procedure? What rights do the second party and third parties have?
Second instance
Appeals are heard by special courts serving several regions at the same time. All courts of second instance are numbered. The law clearly regulates the process for filing a complaint, as well as the requirements set for it.
And you can use any sample appeal in arbitration. It does not matter what court she was filed with.
Submission procedure
The complaint is sent directly to the trial court. Then all the materials are transferred to the court of appeal. Verification of compliance of the complaint with the law is carried out by the judges of the appellate court.
Complaint Conditions
There are a number of conditions, the fulfillment of which is mandatory for the author of the complaint. This includes compliance with the procedural deadlines and details of the complaint. Let's pay attention to both components.
Time limits
The deadline for filing an appeal to arbitration in a standard case is one month (the APC also provides for other terms). If the deadline is missed, its restoration is allowed within 6 months after the end of the period of time allotted for the appeal. The countdown of 6 months may begin from the day when the interested person became aware of the adoption of a court act affecting his interests. The petition is filed with the complaint, or the arguments are contained directly in it.
Document form
The sample appeal to the arbitration may be in electronic form. The written form is a statement of the text of the complaint on paper.
Electronic form implies the use of a special service of the arbitration court system. The applicant is left to fill out a special form. Electronic copies of documents are also downloaded there. The only obstacle is the need for an electronic signature. It costs money, so many people prefer to draw up documents in the usual way, printing them on paper.
Distribution of copies of complaints and attached documents lies with the applicant and is his responsibility.
Statement Structure
Whatever sample of the appeal to arbitration may be taken as an example, they are built according to the same scheme.
- The name of the court to which the complaint is sent.
- Information about the person who filed the complaint and other participants in the process.
- Who made the appealed decision and the number of the case, the subject of the dispute (recognition of property rights, recovery of funds, etc.).
- Reasons why the applicant considers the judicial act to be incorrect in part or in full, references to regulatory acts.
- The list of attached documents.
- Evidence of sending copies of the complaint and attached documents to other parties to the case.
- Signature and filing date.
The judge has the right to leave the complaint without motion, finding flaws in it. The applicant is given time to eliminate them. If he did not do this or did not manage to meet the allotted time, the complaint shall be returned. If everything is done in a timely manner, the complaint is considered filed on the day the primary version of the documents is sent.
Member Information
This includes the full name of F. I. O., the full name of the organization, registration number, including for individual entrepreneurs. The rules also require email addresses.
Reasons for Review
Under them are understood violations of substantive and procedural law. The text of the law gives specific instructions on what to consider as such. There is also a reservation that a substantive decision is not canceled for formal reasons. At the same time, some violations, despite their seemingly insignificance, are the reason for the automatic cancellation of judicial acts, for example, violation of the confidentiality of the deliberation room.
In the arbitration process, references to normative acts are obligatory, which, in the opinion of the author, should be applied. The judge is not limited to arguments in the application of the law.
Requirements are requests regarding the fate of the decision:
- cancel the judicial act and accept a new one;
- cancel it without accepting a new one;
- change it partially (reformulate or cancel part of the paragraphs).
Changes may also affect the motivation and resolution of the court decision.
Directly in the complaint or in the annex to it, requests to the court are indicated (to demand evidence, to attach them to the case, etc.).
Appendix to the complaint
Filing an appeal to the arbitration entails the obligation to attach the following documents:
- judicial acts certified by the court seal;
- receipts or payment orders (in the original) confirming the payment of the state fee or the right not to pay it or to pay in a reduced amount;
- a copy of the power of attorney or other document confirming the right to sign the claim ex officio.
If the return of the claim is appealed, a copy of the returned application with attached copies of documents and a court ruling certified by the court are attached.
As evidence of sending copies, other participants in the process are provided with investment inventories certified by postal service employees. The law asks to send copies of materials that other people do not have, but in practice you have to send the whole set of documents. The trick is to deliver copies of the signature in the courtroom to the representative of the opposing party, if he for some reason did not receive them.
All other papers are attached at the discretion of the party filing the complaint.
Revocation of appeal to arbitration
It sets out the position of the parties to the dispute on the complaint. It can be submitted by both the second party and organizations and citizens involved as third parties. The law does not formally oblige the court to challenge the appeal to arbitration. The sample is nevertheless useful.
It is advisable for a judge to obtain the opinions of other persons expressed in writing.
By the way, the author of the objection was spared from visiting the court: it is enough for him to fill out a form in the file of the case and attest the text with a digital signature.
Objection Writing
What should be indicated when compiling it?
- The name of the court to which it is served.
- Information about the person on whose behalf it is sent.
- Case number.
- Opinion regarding the validity of the stated requirements regarding the assessment of facts and application of the law.
- Request to court (refuse the complaint, agree to it partially or in full).
- Participants indirectly affected by the process are often limited to the phrase that the case does not affect them, and offer the court to make a decision at its discretion.
- Signature and filing date.
Having studied the sample recall on the appeal to the arbitration, note as a mandatory application:
- a copy of the power of attorney or another document giving the right to sign such a document;
- notice of receipt of a letter of objection.
How detailed an objection is is determined by the circumstances. In some cases, the appeal is a formality, and everyone understands that it will be rejected. For example, the customer refuses to pay for the completed and accepted order. The outcome of the case is no secret to anyone. In other cases, writing an objection is of serious importance. Each item of the complaint is examined in detail with reference to regulatory acts, judicial practice, case materials. Well-prepared arguments will help the judge more quickly understand the case and make a decision faster.