When does the decision of the arbitral tribunal take effect? The answer to the question depends on what kind of judicial act in question. The development of modern legal proceedings involves the allocation of its various forms. Which affects the features of judicial acts.
Normative regulation
There are general rules for the entry into force of an act. They apply to all cases, but exemptions may apply. Art. 180 Arbitration Procedure Code of the Russian Federation (APC RF) provides basic information and refers to other provisions of the law or other laws.
The arbitration process is not limited only to the agro-industrial complex. A number of rules carry bankruptcy law. We must not forget about international treaties. Asking the question, when does the decision of the arbitral tribunal enter into force, it is worth figuring out which decision is in question.
Judicial Acts
When do decisions of the arbitral tribunal take effect? They are understood as judicial acts that resolve the claims of the claim. Definitions are not included in this category: they reflect the actions of the court committed by him during the proceedings. The law provides for the possibility of ending the case by definition, without resolving the merits. The order and terms of appeal here also differ.
General order
When does a civil arbitration award take effect? What authority are you talking about? If the case was considered in the framework of the lawsuit, the judicial act shall become legal after one month after adoption. If it is a question of order or simplified production, the terms are different.
A month is allotted for appeal. If one party or both filed a complaint, then the entry into force is delayed until the end of the dispute in the second instance. In subsequent instances, the decision comes into force immediately after the announcement of the operative part.
Judgment Day
Its definition is the main point in the answer to the question, when does the decision of the arbitration court of the first instance come into force? The law stipulates that the date of the decision is the date of its full drafting with the motivation part. What is the reason for this?
The judge often reads only the introductory or introductory and operative part. The motivational one, as a rule, is not yet ready for publication. The preparation is given no more than 5 days. However, exceeding this time limit does not reduce the time available for filing an appeal.
On copies of judicial acts, a mark is specially put on the date of full production (on the same day the document is uploaded to My Arbiter) and a paper copy is sent to the parties.
Calculation of terms of appeal
The appeal deadline ends on the corresponding day of the following month. For example, a decision was made on May 1, which means that the deadline is June 1. When does the decision of the arbitration court of the first instance enter into force, if the end of the one-month period falls on a number that is not? For example, a judicial act was passed on January 30 or 31. The end falls on the last day of the corresponding month, in this case on February 28 or 29. If the end of the term was on a weekend, then it is extended until the next business day.
The opportunity to file a complaint disappears at 24 o’clock on the relevant day or at the end of the working day of the organization to which the documents are handed over (court or mail are meant).
Bankruptcy Decisions
When does the decision of the arbitration court of 1 instance on bankruptcy enter into force? The Insolvency Law states that the decision is included in the list of acts that enter into legal force immediately. This applies to all acts of the arbitral tribunal in the framework of bankruptcy proceedings, with the exception of those for which an exception has been made.
Simplified Production
This refers to the procedure for considering and deciding on a case on the basis of documents submitted by the parties. The differences of this order from the writ of order in the ability of the second party to express their opinion by providing objection and evidence. An order is issued solely on the basis of a claimant's application.
When does the judgment of the arbitral tribunal on summary proceedings come into force?
The law obliges to execute the decision immediately, despite the fact that its entry into force is delayed until 15 days for appeal. The judge publishes a decision on the court’s website without a reason. The participants in the process have the right to submit a request for a full decision within five days after the publication of the document. Then the date of entry into force is postponed until the publication of a full judicial act.
If an appeal is filed, then the deadline is again delayed until the end of the proceedings in the second instance. During this time, the interested party has the right to ask the court to suspend the execution of the decision.
When does the decision of the arbitral tribunal enter into force after the trial in the second instance? It finally enters into legal force regardless of the actions of the participants in the process on the day of announcement. Its termination is possible subject to cancellation by a higher authority.
Types of administrative proceedings
The agro-industrial complex has a section devoted to cases where the subject of the dispute is the actions of the authorities:
- act or omission of a government body or official;
- adoption of non-normative acts (decrees, orders);
- adoption of regulatory acts (applies only to intellectual property disputes);
- bringing to administrative responsibility.
The answer to the question of when the decision of the arbitral tribunal in an administrative case comes into force depends on the category of disputes. As regards administrative responsibility, it is expected to appeal against a decision of a competent authority or a decision of a lower arbitration court.
Decision on complaints about actions of the authorities
If the plaintiff won the case, then the act ceases to be valid in whole or in part from the moment the court decision was made, the same applies to the cancellation of the act and recognition of its illegality.
The decision, despite the deadline for appeal, comes into force immediately. Other terms of entry into force may be established directly by the court. In particular, having announced the decision, the judge has the right to demand the execution of all or part of his points.
Intellectual Property Decisions
In the arbitration court system for the settlement of intellectual property disputes, there is a special body that simultaneously performs the functions of two instances. The agro-industrial complex stipulates that decisions of both instances take effect immediately.
Appeal against administrative liability orders
When contesting extrajudicial prosecution, the decision on the case enters into force in the usual manner, no seizures are provided. First, the time limit for the appeal is counted, and after the decision takes effect. Further, it is allowed to submit applications in order to appeal against court orders (if a warning or a fine of not more than 100 thousand rubles is assigned).
In other cases, the decision also becomes effective only after appeal, and then it can be reviewed in higher courts.
All the same rules apply to appeal against court decisions regarding administrative liability.