How to secure a claim in arbitration proceedings: instructions for use

Samples of applications and petitions

This section of the site presents various types of applications and petitions to the court. All documents are developed in accordance with Russian legislation and are valid throughout the Russian Federation and CIS countries. Anyone who visited the site can download sample statements and petitions to the court to fill out. Petitions and applications to the arbitration court are accepted using the electronic document submission form on the official website of the Arbitration Court.

All types of statements of claim to the arbitration court are presented on the page Sample statements of claim.

Also on the website, in the section Samples of agreements with an arbitration clause, there are presented Agreements with an inserted arbitration clause, according to which all disputes are referred to the arbitration court. You will find other types of contracts and agreements on the page Samples of contracts and agreements.

Form and content of the claim

“Header” (top section):

• Name of the speaker and its location.
• The name of the plaintiff (according to the constituent documents) and his legal registration address.
• The same data regarding the defendant.
• The amount presented in the request (if it is possible to estimate) and the amount of the state duty.

Main section:

• Statement of the situation with references to the arguments attached to the request to the AC.
• Displaying the opinion of the claimant.
• Bringing RF standards and judicial analogies in defense of the applicant’s opinion (this is a mandatory statement by the claimant)

Applicant's request:

• Display of the applicant's requirements.
• Arithmetic confirmation of the calculation of the amounts to be collected (on another page), with the signature of the person entitled to such calculation.

Final part:

• Date of filling out the request to the AS.
• Signature of the head of the institution from the plaintiff or his authorized representative (attached power of attorney).

List of applications:

Here are the materials that the claimant uses as arguments in his favor.

When filing a claim with the CA, you need to follow 3 important rules:

1. Brevity is the soul of wit.

The text in the claim must be presented concisely and in a business style. At the same time, provide the maximum number of links to the materials attached to the claim, to the regulations of the Russian Federation and judicial examples. The more concise and understandable the claim in the Court of Justice is, the more likely it is that the judge will fully examine the applicant’s arguments.

1. The applicant must support his arguments with legislative articles.

According to clause 2 of Article 125 of the Arbitration Procedure Code of the Russian Federation, it is the plaintiff’s responsibility to substantiate his claims with references to legislative and by-laws, as well as judicial examples. If the applicant does not present normative arguments in the petition, the court is unlikely to satisfy the applicant’s claim.

1. Any argument in a claim must be supported by official paper.

Often, arbitration judges consider cases formally. If the plaintiff's opinion is not supported by any noma or notarized letters, then the plaintiff will likely lose the case. The AS requires the presentation of documents, not logical reflections and evidence. Therefore, each evidence displayed in the claim request in the AS must be supported by official papers: acts, agreements, specifications, invoices, examinations, etc.

Filing a claim to the arbitration court

Filing a claim with an arbitration court is accompanied by the development of a line of dispute - a position that represents an order, a set of settings, and the position of the party on resolving and settling the dispute that has arisen.

To correctly develop this line of argument, in most cases, the help and advice of a lawyer is required. It is the lawyer who will help develop the necessary position and tactics for resolving the dispute, and will be able to file a claim in arbitration court, taking into account the exact requirements of the law.

The most common mistake in filing a claim in arbitration court is incorrectly formulated demands. In addition, a correct justification of the plaintiff’s claims is required, indicating the calculation of monetary amounts, followed by explanations and confirmation of the attached documents.

Filing a claim with the arbitration court, subject to the above requirements, will be the key to a speedy, correct and objective consideration of the case.

The procedure for receiving documents is sent either in person to the court office or by mail with a list of attachments. The procedure itself is quite simple: the claim is checked to ensure it contains the necessary information and is checked against the attached documents.

Therefore, when filling out an application in an application, it is necessary to accurately indicate the number and date of the document in order to simplify the search in the process of accepting this application.

Counterclaim

According to the law, before the trial court makes a decision on the pending case, the defendant's defense may file a counterclaim against the plaintiff. In this case, both applications will be considered in one proceeding.

The filing of such an application is carried out according to the general rules, and is considered by the court in the following cases:

• the counterclaim is aimed at offsetting the plaintiff’s claim;
• satisfaction of the counterclaim excludes satisfaction of the original one, in whole or in part;
• there is a connection between the claims, and their joint consideration will lead to a faster resolution of the dispute between the parties.

Documents attached to the claim

The original or a copy of the postal receipt certified by the organization’s seal and a description of the attachment to the shipment about sending a copy of the claim to the defendant at the legal address. The original or a copy certified by the organization’s seal of the postal receipt and a list of the attachments for sending the claim letter. A certified copy of the claim letter itself. The original bank statement for the account of the plaintiff's company, with the date, blue seal of the bank and the signature of the bank employee for the day when funds were written off to pay the state fee, and, if necessary, a request for its installment plan or reduction of the amount. Copies certified by the company's seal of all documents to which the claim contains references, as well as other documents that will be used in the process to substantiate its position. A copy of an extract from the Unified State Register of Legal Entities for the plaintiff’s organization and a copy of an extract from the Unified State Register of Legal Entities for the defendant. A copy of the plaintiff’s enterprise registration certificate certified by the organization’s seal. A copy of the decision to appoint the general director of the plaintiff’s company, certified by the organization’s seal. A copy of the power of attorney for the representative, certified by the company seal, if it is intended to involve him. Copies of arbitration court rulings aimed at ensuring the interests of the plaintiff’s property.

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If the case is left without progress

Leaving a claim pending is a very common practice. This possibility is provided for in Article 128 of the APC. The reason for such a decision may be violations in the form and content of the claim, as well as the provision of an incomplete package of documents.

When making a ruling to leave the case without progress, the court is obliged to clarify the circumstances that led to this and determine the period within which the plaintiff must eliminate these shortcomings.

It is worth noting: if the plaintiff eliminates existing deficiencies within the prescribed period, the application will be considered filed on the day of its initial receipt by the court. Otherwise, the statement of claim is returned to the plaintiff.

Let's sum it up

A petition may be submitted regardless of the stage of the proceedings. The content of some requests is permitted only under certain circumstances. There are several ways to submit a petition - orally, electronically, during a personal visit to the court office or by mail.

The written petition will need to reflect the case number, the procedural position of the person applying, and the name of the judge. After receiving the petition, the judge reads it and either grants the applicant’s request or denies it.

Recommendations for lawyers

Practitioners acting as representatives in courts will need to consider various options for applications in advance. A competent lawyer predicts several options for the course of the case and prepares the necessary papers in advance. The request should be made taking into account the grammar, punctuation and vocabulary of the Russian language. At the same time, the lawyer must use terms that are understandable to the court and accepted in procedural law. Errors in the text should be avoided. As a rule, the application is drawn up on a computer, using the Word editor. This program provides a function for highlighting spelling, lexical and punctuation errors. If necessary, you can consult a proofreader.

Methods for filing an application

A petition can be sent to the arbitration court in several ways.

• Through the “My Arbitrator” system.
• By registered mail with return receipt requested. This method is optimal if there is still enough time before the meeting. It is usually used when the court is located in another city and the person is not able, for example, to send a courier.
• When applying in person to the court office. In this case, the institution’s employees will affix a special stamp, which will confirm that the petition has been sent to the court.

Drawing up a petition

There is no application form set out in regulations - the document is drawn up according to the standard procedure for office work. It will need to reflect the following information :

• name of the court, address of its location;
• information about the participants in the trial;
• Case number, title of petition;
• presenting the circumstances of the case that must be proven and explained (circumstances according to which the person makes the petition);
• legislative norms that serve as the basis for establishing the requirement;
• list of attached documents;
• date of sending the petition to the court, signature of the applicant.

The motion must be submitted to the court and the party to the proceedings if it is to be discussed.