Response to the statement of claim to the arbitration court (sample from the defendant)

In Russian civil law there is a presumption of adversarial law, which means that both the plaintiff and the defendant are in equal legal positions. Each party has the right to make motions, present evidence, attend or not attend the meeting, supplement demands and express their own opinions regarding the subject of the dispute. In civil cases, according to the Code of Civil Procedure of the Russian Federation, the defendant is given the right to file a reasoned objection to the court, which contains arguments about disagreement with the claim.

In arbitration proceedings, starting from 2009, the respondent’s submission of a response regarding the claims presented is his responsibility. How to write a response to a statement of claim to an arbitration court and whether it is possible to ignore the legal requirements for its mandatory filing - read our article.

Revocation of the defendant in arbitration proceedings

obligation to send a response to the statement of claim to the arbitration court is regulated by Article 131 of the Arbitration Procedural Code of the Russian Federation. The same article establishes the requirements for the content of the defendant’s response, a list of documents that must be attached to the response sent to the arbitration court, and the obligation to send the response to other persons participating in the arbitration case within a period that provides the opportunity to familiarize themselves with it before the court hearing of the arbitration court. The defendant’s response to the statement of claim is the most important procedural document, which must be attached to the case materials. The result of the consideration of the dispute directly depends on the content of the defendant’s response to the statement of claim. Failure to submit or timely submission of a response to the stated claims can lead to unfavorable consequences for the defendant, up to and including the arbitration court making a decision without taking into account the defendant’s opinion. Therefore, when the defendant draws up and sends a response to the claim to the arbitration court, exemplary fulfillment of the requirements established by law is simply necessary. No less important is the validity of the objections to the plaintiff’s legal position set out in the review, with references to the provisions of the laws and supporting documents.

Things to remember

1. If the applicant does not write that the decision to withdraw was made voluntarily, the court will refuse to withdraw and return the petition.
2. No one except the applicant of the petition can write a review.
3. Quite often, participants write a review of the request for an examination and indicate reasons such as a difficult financial situation. In this case, the court may order this procedure to be carried out at the expense of the state. Therefore, it is better not to use financial difficulties as grounds.

How to write a response to a statement of claim from a defendant to an arbitration court using a sample?

What details should the defendant's response to arbitration contain? What are the rules for filing a response to an arbitration court? How applicable is the sample response to the court by the arbitration defendant? What should be included in the descriptive part of the response to the arbitration court? What documents must be attached to the defendant's response? How to send the defendant's response to the arbitration court? Is it possible to withdraw a response from a defendant submitted to arbitration from the court? How much does it cost to write a response to the defendant in arbitration?

If the defendant’s response to the statement of claim is not submitted to arbitration, then:

• The arbitration court has the right to consider the case and make a judgment on the basis of the evidence already available in the case, that is, in fact, without taking into account the defendant’s arguments (Part 4 of Article 131 of the Arbitration Procedure Code of the Russian Federation), while the defendant’s right to judicial protection will not be considered violated and his subsequent objections may not be taken into account by the court
• If it is impossible to consider the arbitration dispute without the defendant’s response, the court may set a new deadline for the defendant to submit a response to the plaintiff’s claims.
• The judge will have the right to attribute all legal costs and expenses to the defendant, regardless of the outcome of the consideration of the case, that is, to recover them from the defendant, as from a person abusing his procedural rights and not fulfilling procedural duties, since this leads to a delay in the trial process and interferes with the consideration of the case (Part 2 of Article 111 of the Arbitration Procedure Code of the Russian Federation)

Consent with the claim: is it possible?

The defendant may agree with the claim in full or admit part of the claims. This is exactly what can be reflected in the review. If the claim is fully recognized, then the legal process becomes much simpler; there will be no time required for further investigation or resolution of controversial situations.

If the defendant decides to file a counterclaim (Article 132 of the Arbitration Procedure Code of the Russian Federation). This must be done in a separate document, because... This is not meant to be written in a review.

Other participants in the disputable situation may also participate in the formation of the review, if they have not expressed their opinion with separate demands. Copies are sent to all participants in the lawsuit, not just the plaintiff and defendant.

SAMPLE RESPONSE TO A CLAIM TO THE ARBITRATION COURT FROM A DEFENDANT (2018-2019)

To the Arbitration Court _______________________________________ (name of the court) Court address: _______________________________________

Case No. _______________________________________ Judge _______________________________________ (surname, initials of the judge)

From the Defendant: _______________________________________ (full company name) Location of the defendant: _______________________________________ (full address according to the Unified State Register of Legal Entities)

Plaintiff: _______________________________________ (full company name) Location of the plaintiff: _______________________________________ (full address according to the Unified State Register of Legal Entities)

Other persons involved in the case:

_______________________________________: (procedural status) _______________________________________ (full company name) Location: _______________________________________

* all other persons involved in the case are listed

RESPONSE TO THE STATEMENT OF CLAIM (sample)

LLC ____________ filed a claim with the Arbitration Court ___________________ against LLC ________________, containing the following claims: 1. ________________________________________ 2. ________________________________________ In support of the stated claims, the plaintiff refers to the following circumstances and norms of law: 1. _________________________________________ 2. _________________________________________ Being a defendant in the arbitration case, LLC ______________ does not agree with the plaintiff’s stated claims, considers them illegal and not subject to satisfaction, since they do not comply with the current rules of law. In addition, the plaintiff presented in the statement of claim information that is important for the correct consideration of the case in a distorted form. In support of our disagreement with the position of the plaintiff, on the basis of Art. 131 of the Arbitration Procedure Code of the Russian Federation, in this response of the defendant to the arbitration court we declare the following objections to the arguments concerning the substance of the stated claims with reference to laws, other normative legal acts and documents:

1. The plaintiff declares that agreement No. _________ dated _______ 2018 was concluded between him and the defendant (hereinafter referred to as the “agreement”), according to which the defendant undertook to perform (provide, sell) the following works (services, product). The plaintiff also claims that he fulfilled his obligations under the contract in a timely manner, and the defendant violated the terms of the contract by _______________________. These circumstances do not correspond to reality, since clause ____ of the contract stipulates that the defendant has the right not to begin work (services, supplies) if the plaintiff does not fulfill his obligation under clause ________ of the contract, while notifying the plaintiff about this is not required. The defendant warned the plaintiff about the need to fulfill this obligation, which is confirmed by the letter ref. sent to the plaintiff. No. ___ dated ________ (Appendix No. 1 to this review), however, the plaintiff did not fulfill this obligation. The right of the defendant to begin execution of the contract under such circumstances is confirmed by paragraph __ Art. ___ of the Civil Code of the Russian Federation (hereinafter referred to as the “Civil Code of the Russian Federation”), as well as current judicial practice, for example, this position is set out in the Resolution of the Supreme Arbitration Court of the Russian Federation No. _______ dated ____2019, the Resolution of the _________ court dated _____ 2018 in case No. ________, etc. . 2. ________________________________________ 3. ________________________________________ 4. ________________________________________ In such circumstances, we consider the plaintiff’s references to the provisions of Art. _________ Federal Law “_______________” are not applicable. Relations between the parties are governed by the provisions of the Federal Law “______________” dated _______ 2021, as well as Art. ____ Civil Code of the Russian Federation. The defendant fulfilled its obligations under the contract (based on the current situation) in good faith, and the plaintiff’s claims are illegal and unfounded.

Based on the above and guided by Art. _____ Federal Law “____________”, Art. _______ Civil Code of the Russian Federation, art. ____ Arbitration Procedure Code of the Russian Federation, we ask the court to refuse to satisfy the claims in full. Applications:

1. __________________ (copy certified by the manager) - on the 1st sheet. 2. __________________ (copy certified by the manager) - on the 1st sheet. 3. __________________ (copy certified by the manager) - on 3 sheets. 4. Receipts for sending copies of the response to the plaintiff and other persons (originals) - on 2 sheets.

We undertake to provide the original documents at the court hearing.

"___" ________________ G.

General Director of LLC _______________ ______________________ Ivanov I.I. M.P.

MANDATORY DETAILS FOR REVOKING THE RESPONDENT TO THE ARBITRATION COURT

Arbitration Procedure Code in Art. 131 provides for the MANDATORY indication by the defendant in the response sent to the arbitration court of the following details:

• The name of the plaintiff, his location or, if the plaintiff is a citizen, his place of residence (the location of the organization or individual entrepreneur is indicated according to the Unified State Register of Legal Entities, the place of residence - according to registration)
• The name of the defendant, his location or, if the defendant is a citizen, his place of residence, date and place of birth, place of work or date and place of state registration as an individual entrepreneur
• Objections to each argument regarding the substance of the stated requirements, with reference to laws and other regulatory legal acts, as well as to evidence substantiating the objections
• List of documents attached to the review
• Telephone numbers, fax numbers, email addresses and other information necessary for the correct and timely consideration of the case
• Power of attorney or other document confirming the authority to sign it by the representative of the defendant

According to the generally accepted rules for drawing up procedural documents and examples and samples posted on court websites, the response from the defendant to the statement of claim to the arbitration court must additionally contain the following:

• Name and address of the arbitration court to which the defendant’s response to the claims is submitted
• Arbitration case number
• Last name and initials of the judge considering the dispute
• Names and addresses of other persons participating in the consideration of the arbitration case

RULES FOR FORMULATING A REVIEW TO THE ARBITRATION COURT

The execution on paper of a defendant's response to a statement of claim for an arbitration court is regulated by the established rules of business paperwork, expressed in examples of defendant responses to statements of claim for arbitration claims posted on the official websites of arbitration courts. If the defendant draws up and sends to the arbitration court a response that is not drawn up in accordance with these rules, but contains all the necessary information and details, the judge will have no formal grounds to refuse to accept such a response. However, it should be taken into account that court office staff, assistant judges and the judges themselves are accustomed to working with correctly and beautifully executed documents, and the appearance in a case of a carelessly executed document that deviates from the general rules may cause a lack of desire to treat it with due attention. Conventionally, a document such as a response from the defendant to the statement of claim to the arbitration court

, can be divided into several parts:

• A cap
  . This part of the review is located in the upper right corner of the review and must contain such details as the name of the court and its address, case number, full name of the judge, names and addresses of the plaintiff and defendant, as well as other persons participating in the case
• Descriptive part
  . In the descriptive part, the defendant sets out his objections to the plaintiff’s legal position with references to current legislation and documents
• The pleading part
  . It sets out a request to the court to refuse to satisfy the claims in whole or in part
• List of attachments
  , which lists all the documents that the defendant is obliged to attach to the response or that he attaches of his own free will to confirm his legal position
• Date and signature
  , which will need to be sealed if the review is signed by the head of the organization.

APPLICATION OF A SAMPLE RESPONSE TO A STATEMENT OF CLAIM IN AN ARBITRATION CASE

When applying the above sample response from a defendant to a court in an arbitration case, it is necessary to take into account that there is no single universal form applicable to all situations. Civil legal relations are diverse and often have distinct individual characteristics. Therefore, the sample document posted on our website is an example of a response to a statement of claim to an arbitration court and exemplarily meets the general requirements for preparing a response. Its purpose is to prevent mistakes when reflected in the review compiled on its basis in the required details, as well as to give a general idea of ​​the typical content of such a document. Therefore, when drawing up a document, blindly following the template of the response from the defendant to the defendant’s statement of claim to the arbitration court is fraught with a lack of a professional approach to the presentation of the material. The result of the consideration of the arbitration case, including the financial aspect of the dispute, directly depends on the semantic content of the review and the correctness of the presentation of one’s arguments in it (with references to the norms of current legislation and judicial practice). That is why the words set out in the defendant’s response have their own weight and their value. When drawing up a review, you must first familiarize yourself with all documents related to the case under consideration, including the correspondence of the parties. It is also necessary to conduct a preliminary analysis of the situation and the possibilities of its development, select legal norms that contribute to the protection of the defendant in the arbitration case, logically link all the facts and present them in the response in a light favorable to the defendant.

We can highlight the main steps that must be followed when drawing up a response from the defendant using the sample:

• Studying the statement of claim and the documents attached to it
• Studying the correspondence of the parties and other documents related to the dispute
• Study of the current legislation governing the relationship between the plaintiff and the defendant based on the essence of the arbitration dispute
• Study of judicial practice in similar cases
• Development of defense strategy and tactics
• Collection of evidence and documentation of circumstances confirming the legal position of the defendant
• Drawing up a response to a statement of claim based on a suitable template (sample)
• Timely sending of the response to the persons participating in the case and to the arbitration court

To achieve the best result in an arbitration case, it is advisable to entrust the preparation of a response to the claim to a professional arbitration lawyer. Our arbitration lawyer or attorney will be able to remotely

study the documents and compose a review that maximally protects the interests of your organization!

You have questions? Call!

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or order a review by filling out the form:

WHAT SHOULD BE REFLECTED IN THE DESCRIPTIVE PART OF THE RESPONDENT'S REVIEW?

The Arbitration Procedural Code of the Russian Federation instructs us to indicate in the defendant's response the objections regarding the demands presented to the defendant for each argument contained in the plaintiff's statement of claim. How to do this correctly?

You need to put yourself in the shoes of a judge and imagine in what form the information should be presented so that it is most convenient to read and understand.
Since the statement of claim contains a listing of specific facts, their correlation with legal norms and the justification (arguments) for applying liability measures to the defendant, it is necessary to identify and structure the basic or supporting elements of substantiation of the plaintiff’s position and also to justify their inconsistency in a structured manner. That is, the judge should read something like the following
:

1. The plaintiff states that ..., and therefore believes that .... Based on this, he considers the clause ... of the agreement (law, Civil Code of the Russian Federation) to be applicable and requires .... But this does not correspond to the actual circumstances, because ....., which is confirmed by the following documents ...., therefore, these rules are not applicable to the defendant. The following rules must be applied to the relationship between the parties: ..., based on which the plaintiff’s demand in terms of ..... is unfounded and cannot be satisfied. 2. The plaintiff also states that ..... (and so on)

Of particular importance when drawing up a response from a defendant in an arbitration case is preliminary professional study and analysis of law enforcement practice. Specific references to legal provisions

, correctly and accurately placed in the text of the descriptive part of the review, as well as
references to current judicial practice
in similar cases,
citing laws
- all this, like nothing else, can convince the judge of the correctness of the defendant’s arguments!

WHAT DOCUMENTS SHOULD BE ATTACHED TO THE RESPONDENT'S REFERENCE TO ARBITRATION?

According to Part 7 and Part 8 of Article 131 of the Arbitration Procedure Code of the Russian Federation, the response of the defendant sent to the arbitration court must be accompanied by:

1. Documents that support arguments and (or) objections

regarding the claim * 2.
Documents that confirm the sending of copies of the response
and documents attached to it to the plaintiff and other persons participating in the case ** 3.
of attorney
or other document confirming the authority of the representative to sign the response (if the response is signed by the representative)

* Such documents may be letters, claims, statements of reconciliation of calculations, specifications or any other documents, the contents of which the defendant refers to in the response ** The law requires copies of the response to be sent to the plaintiff and other persons by registered mail with acknowledgment of receipt within a period that provides the opportunity to familiarize themselves with review before the start of the trial

HOW TO SEND THE RESPONDENT'S REVIEW TO THE ARBITRATION COURT?

The response to the statement of claim must be sent to the arbitration court, as well as to all persons participating in the case by registered mail with acknowledgment of receipt

(Part 3 of Article 131 of the Arbitration Procedure Code of the Russian Federation).
Providing a review to the arbitration court is also allowed through the
court office, as
well as electronically using the “My Arbitrator” system
(paragraph 2, part 1, article 131 of the Arbitration Procedure Code of the Russian Federation). There is definitely no need to delay the deadline for providing a response and present it to the court only at a court hearing. In this case, you have every chance of causing serious dissatisfaction with the court, since there can be no question of any time limit for other persons to familiarize themselves with the review and this is clearly a deliberate delay in the judicial process.

CAN A RESPONDENT'S REFERENCE SUBMITTED TO ARBITRATION BE WITHDRAWN FROM COURT?

The defendant’s response to the arbitration statement of claim is necessarily attached to the case materials and is not subject to subsequent withdrawal. It is impossible to revoke it. In the event of a subsequent adjustment of the defendant's legal position, he has the right to send in writing to the court and other participants in the arbitration process additions to the response, drawn up in a separate document according to the rules for preparing and filing the response. Thus, further changes to the arguments set out in the defendant’s response in the arbitration case are possible, but a fundamental change in the defendant’s opinion and a different presentation of factual circumstances compared to the initial response may cause the court to distrust and doubt the defendant’s integrity. That is why it is very important to approach writing a review professionally and as responsibly as possible.

HOW MUCH DOES IT COST TO COMPLETE A RESPONDENT’S REPORT TO AN ARBITRATION CLAIM?

* The cost of preparing a defendant’s response to arbitration depends on the complexity of the dispute and the number of documents that need to be studied and analyzed.

How to serve

You can send a petition to the court in person or by mail (by registered mail with notification and a list of attachments). It is better to submit the petition personally to the secretary in the court office. This way you can make sure that your review doesn’t get lost along the way. The secretary will have to mark receipt. From this date the countdown will begin until the day when the court must consider the application.

The court reviews the document and then decides whether to return the petition or whether to accept it. When deciding this issue, the judge takes into account all the circumstances of the case and the following point: whether the revocation violates the rights of other participants or not.