Organizations and individual entrepreneurs, when conducting commercial activities, face conflict situations that are associated with violations of their legal rights. In such circumstances, the most common and effective method of conflict resolution is the protection of violated rights in an arbitration court. According to Russian legislation, disputes involving legal entities, organizations and individual entrepreneurs are resolved by arbitration courts.
Filing and writing a statement of claim, drawing up a review
An organization or an individual entrepreneur can protect his right by filing a statement of claim to the arbitration court. This can be done either independently or by contacting legal companies representing the interests of the principals in the courts. If the applicant decides to resort to the services of intermediaries, he needs to draw up a notarized power of attorney containing a list of powers transferred to the representative.
After choosing a representative or if you wish to defend your interests independently, the person whose right has been violated must prepare a statement of claim. It must be submitted to the arbitration court at the location of the defendant, or, if the jurisdiction is determined by the contract, to the appropriate arbitration court. The document must be drawn up properly and comply with the requirements of the legislation. So, according to the provisions of Article 125 of the APC of the Russian Federation, the statement of claim must contain:
- the name of the plaintiff and information about the defendant (address, name, TIN – for the organization, surname, first name, patronymic, number of a known document for an individual);
- the plaintiff’s claim against the defendant with reference to laws and other regulatory legal acts, and when suing several defendants, a claim against each of them;
- the circumstances on which the claims are based and the evidence supporting them;
- the price of the claim, if it is subject to evaluation, and the calculation of the recoverable or disputed amount of money;
- information about the plaintiff’s compliance with the claim or other pre-trial procedure;
- list of attached documents, etc.
The statement of claim and the documents attached to it must be sent by the plaintiff not only to the arbitration court, but also to the rest of the participants in the process – the defendant and third parties. Today, it is possible to file a claim remotely, without personal appeal through the website of the arbitration court.
In turn, if the right of an organization or individual entrepreneur is violated by filing a statement of claim, then it is necessary to draw up a reasoned response containing a legal position with references to legislation. The review must also be sent to the court and other parties involved in the case.
Protection of interests in the arbitration process
After filing a statement of claim and its acceptance by the court for production, the parties begin to protect their interests directly within the framework of meetings in the arbitration court. It is during the court session that the parties will have to competently and argumentatively present their position to the court in order to protect the violated right.
The Civil Code of the Russian Federation provides a list of acceptable ways to protect civil rights. These, according to Article 12 of the Civil Code of the Russian Federation, include:
- recognition of the right;
- restoration of the situation that existed before the violation of the right;
- recognition of the disputed transaction as invalid;
- invalidation of a decision of the assembly, an act of a state body or a local self-government body;
- self-defense of the right;
- compensation for losses, recovery of penalties, compensation for moral damage, etc.
The director general of an organization or an individual entrepreneur can independently protect violated rights in the arbitration court of a legal entity, regardless of education. In other cases, only lawyers or representatives with a diploma of higher legal education can defend their interests in the courts.
Appellate and cassation instances
After the arbitration court has made a decision on the case, the party who does not agree with this decision has the procedural right to appeal it. To challenge the court’s decision, an appeal should be prepared. It describes the reasons for disagreement with the decision of the arbitration court of the first instance with references to the legislation. As a rule, the applicant of the appeal requests to cancel the decision of the court of first instance and adopt a new judicial act on the case.
The deadline for filing an appeal is one month from the date of the decision by the court of first instance. For certain categories of cases, other deadlines for filing a complaint are provided. It is submitted to the office of the arbitration court of the first instance.
If the commercial court of appeal comes to the same conclusion on the case as the court of first instance, then the person whose right has been violated has the right to appeal to the cassation instance with a cassation appeal. It should contain a reasoned position explaining to the court the incorrect interpretation and application of the law by the courts of lower instances. The deadline for filing a cassation appeal is two months from the date of entry into force of the appealed decision.
VALEN Company offers its services for the protection of infringed copyrights in the arbitration court. Our specialists will analyze your situation, help in developing a dispute management strategy, prepare a legal position, collect and file the necessary set of documents in court and implement the protection of the rights of the client’s company in court.
Our company specializes in the settlement and resolution of economic, corporate, tax and other disputes subject to arbitration. Please contact us and we will help you successfully protect your violated rights in arbitration courts of all instances.