When disputes arise in economic and entrepreneurial activity, you need to contact the arbitration. Is it possible to win a case without a lawyer, how to file an application with the court and how to write it, on what issues to contact a judge? We will consider these and other points in the article.
What issues does the arbitral tribunal decide?
- Failure to fulfill obligations, infringement of intellectual rights or ignoring payments by a legal entity.
- Bankruptcy situations.
- The need to obtain writ of execution on the implementation of the decision.
- Cases related to evasion or denial of state registration to a legal entity.
- Civil and administrative legal relations.
- Administrative violations.
- Corporate disputes.
- Revision of a decision made by another court.
- Cases related to stocks, securities, depositories.
- Revision of normative and legal acts related to human rights.
- Situations requiring protection of the reputation of a law firm.
- Challenging decisions made by government officials and other officials.
- Any economic issues with the participation of domestic and foreign legal organizations, private entrepreneurs and even persons without citizenship, but doing business.
Each situation requires its own sample of the statement of claim to the court. You need to study arbitration law in order to find your case, or consult a lawyer. Those issues that the arbitral tribunal does not resolve will be considered in the arbitration court or court of general jurisdiction.
Where to go to resolve the dispute?
Depending on what your situation is, your case may be assigned patrimonial, exclusive, contractual, and territorial jurisdiction. Gender jurisdiction is decided in the arbitration court of the first instance, except for cases relating to the Russian Federation and the Federal Courts.
Everything related to cases related to the regulatory acts of the President, the executive branch, the Government, affecting economic and business issues, must be addressed to the first instance. The filing of an application in court in case of non-normative presidential, governmental, federal acts concerning citizens of Russia and foreigners in the field of economics is also carried out by this judicial division.
If your case is rejected in the arbitration court of first instance, then contact the territorial court, which is located at the place of registration of the law company.
In some cases, the participants in the case are invited to choose a court of arbitration. In this case, we are talking about contractual jurisdiction. When, according to the law, it is impossible to change some aspects of your case, then we are talking about exclusive jurisdiction.
How to make a statement to the court. Types of calls
In arbitration, citizens can file a lawsuit, application, and complaint. Civil relations are described in the statement of claim. In disputes, legal entities can file cassation and appeals against the parties to the dispute and if they disagree with the court decision of the arbitration courts. Administrative, public affairs, bankruptcy and other issues of special proceedings require the preparation of a statement.
How to file an application with the court (mandatory points in the preparation of a claim):
- The name of the court.
- Name of the entrepreneur with residence or legal name of the company indicating the location.
- Name and location of the defendant.
- Clear claims to the defendant indicating specific articles of laws and regulations.
- Circumstances specified in the claims, and evidence.
- The price of the claim (if the situation requires an assessment).
- Calculation of cash compensation.
- Facts about the execution of the claim and pre-trial order, if provided for by the contract or the law.
- Information on measures already taken in the resolution of pre-trial cases.
- The list of all documents that are attached to the claim.
The document is completely registered manually (without electronic dialing). The name and patronymic are written in full, without abbreviations, and the text is signed by the plaintiff.
What documents to attach to the claim
Before you file a lawsuit, you make copies of the documents that you need to send to the court.
- Certificate of registration of individual entrepreneur or legal entity.
- Documents confirming the circumstances referred to by the plaintiff.
- Documents attesting to legal relations, obligations and non-fulfillment of the terms of the contract between the plaintiff and the defendant.
- Receipt of payment of state duty in the amount of 0.5-4% of the amount of the claim.
- A document providing an exemption for payment of state duty.
- Application for installment plan or reduction of state duty.
- Power of attorney, if the situation involves the signature of a proxy.
- Documents of court decisions that were adopted on this situation.
- Documents that involve the calculation of the exact price.
In fact, you attach all the documents that will help the court figure out your situation. Make copies of the lawsuit and documents, because if you refuse to consider your case, you need to find an error. Most often, a specialist is needed in such matters.
How to appeal to the arbitration court. Sample claim
A special statement template is attached to each case. Let's see how a claim is drawn up under a supply contract for the recovery of debt and interest from the defendant. In the upper right corner are registered in a column:
- name with the address of the arbitral tribunal;
- name of the plaintiff with TIN, PSRN, registration address, telephone, email address;
- the name of the defendant (the requirements are the same as the plaintiff);
- claim amount in figures and words;
- state duty in numbers and words.
You start the first line with the preposition “c”, and you specify the data of the plaintiff and defendant in the nominative case. In the middle, stepping back 1.5-2 centimeters, you write down the subject of the statement of claim, in our example - about collecting debt and penalties. The main thing is to register the heading and statement text correctly. How to file a lawsuit? This can be done by registered mail.
Next, write the essence of the claim. For example, a contract (number, date) was concluded on the delivery (name of goods) between the plaintiff and the defendant with the following obligations. Then you register what the plaintiff performed and how much he spent with the confirmation of the consignment notes and invoices, and also attach documents on the acceptance of the goods by the defendant.
Description of breach of obligations by the defendant
Then you specify in detail what obligations the defendant should have and what he did not fulfill. If any actions on his part were made on payment, then attach receipts and payment orders.
Next, indicate the amount of the debt of the defendant and refer to the Civil Code of the Russian Federation, indicating the relevant articles on the mandatory performance of the contract when buying and selling goods. Therefore, before you make a statement to the court, study the articles of the code or consult with a lawyer.
Also focus on the clause in the contract with the defendant, which prescribes the percentage of interest in case of violation of the obligations of one of the parties. Submit documents on the presented claim for the foam to the defendant and prescribe his actions (refusal, ignoring, etc.). Next, summarize, referring to the relevant articles of the Civil and Arbitration Procedure Code of the Russian Federation, write down your request point by point (to recover debt, penalties, state duty, reimburse legal expenses). The last step is to write in the column all attached copies of documents, put the date and signature with a seal.
How to write a statement declaring a defendant bankrupt
A statement to the court on recognition of the insolvency of the debtor is written in much the same way. In the upper right corner the header is registered:
- name of the court with a mailing address;
- name of creditor with the same requirements;
- the name of the debtor according to the same plan;
- state duty in figures and words in ruble currency.
The following is the title of the statement. Relations between the creditor and the debtor are also prescribed and contracts and documents on the performance and violation of obligations of each of the parties are attached. Then the plaintiff must indicate how much the defendant owes him, how this calculation took place, how much the penalty is. If this issue has already been considered by the arbitral tribunal and there is a solution to it, then a copy of the document is attached, and it is also indicated that the debtor has not fulfilled obligations by the court. Further, the creditor prescribes articles that protect his interests, and asks the court to declare the defendant bankrupt.
What to focus on to declare the defendant insolvent
The creditor focuses on the fact that the deadline for the fulfillment of obligations by the defendant has expired since the court decision, once again indicates the amount of the debt and asks the court to declare the debtor bankrupt, referring to Section 395 of the Civil Code and Section 3 of the Law on Insolvency.
The plaintiff also offers a self-regulatory organization with its name and address, where you can choose a temporary manager. Prescribes its amount of remuneration for the performance of temporary duties.
Further, the plaintiff summarizes his claims with reference to the articles and asks the court to declare the debtor bankrupt, approve the interim trustee and establish remuneration at the defendant's expense. In some cases, professional requirements for the manager are prescribed.
The names of documents and copies that are attached to the claim are also listed below. Put the date, signature and stamp. The claim is sent by registered mail. To prevent your document from being returned to you, contact your lawyers for help or find sample claim templates specifically for your case.
Summarizing
To write a competent application to the arbitration court, you take a sample in the courts or on the Garant legal portal. But it is best to seek the help of a lawyer who can suggest suitable articles of a particular code in a particular case. Litigation may also take a while, and a lawyer can represent your interests and act on your behalf, which saves you time.