How to properly file a claim in arbitration court

To restore violated rights and protect legitimate interests, it is necessary to understand how to submit an application to the arbitration court, what to include in it, and what documents to attach. The law provides the right to choose: personal appeal, mailing, electronic submission. However, all three options imply compliance with the form and content requirements. Competent formulation of claims and arguments is impossible without experience in drafting procedural documents. The court is reluctant to examine illogical, inconsistent and unsupported arguments. Therefore, it is not enough for the plaintiff to simply be right; it is important to state his rightness in the statement of claim. Support and representation from Legal is a guarantee of a reliable legal position, saving time and effort. Litigation is considered the most effective defense mechanism. However, you need to know how to use them. The experience and qualifications of our lawyers in arbitration disputes will help restore justice.

Where to file a claim

Before submitting an application to the arbitration court, it is important to correctly determine the jurisdiction. As a general rule, it is necessary to focus on the location of the defendant. However, the contract sometimes stipulates a different procedure. In accordance with the rules of contractual jurisdiction, the terms of the agreement between the parties take precedence. In cases where a branch or representative office of a company has become a party to the dispute and the claim is due to their activities, for convenience, it is allowed to apply at the location of this structural unit. That is, when determining jurisdiction, the first thing you need to look at is the section of the agreement regulating the issues of dispute resolution. If nothing is indicated there, refer to the APK. Arbitration courts are few in number. There is only one in each subject of the Federation. You can submit an application in person (which is not always convenient given the distance), by courier or by post. The participation of a lawyer in the case will allow you to quickly resolve issues related to jurisdiction and jurisdiction.

Which court to choose when filing a claim

Which court will hear the claim depends on the amount and subject of the claim, the composition of the parties to the dispute, and the location of the plaintiff and defendant. Corporate disputes, disputes between individual entrepreneurs and/or legal entities are resolved only by arbitration courts.

For what disputes should an application be sent to the district court?

For almost all disputes involving individuals, with the exception of those considered by magistrates’ courts, military courts, as well as the supreme courts of constituent entities and the Supreme Court of the Russian Federation.

Therefore, when choosing where to file a claim, use the exclusion method. So, where to file a claim in district court?

The Magistrate's Court considers applications:

• on the issuance of a court order (including the collection of accrued wages, alimony for minor children, debts for utilities),
• about divorce (if there is no dispute about children);
• on the division of property between spouses and in other property disputes with a claim price of no more than 50,000 rubles, and in the field of consumer rights protection - no more than 100,000 rubles.

The Moscow City Court exclusively considers cases related to the protection of copyright and related rights, with the exception of rights to photographs on the Internet.

If you have determined that you should file a claim in the district court, you still need to understand which one.

As a general rule, a claim is filed in court at the place of residence (location) of the defendant.

Exceptions to this rule (when the claim is filed in the district court at a location other than your place of residence):

1. at the choice of the plaintiff,
2. exclusive jurisdiction,
3. contractual jurisdiction.

The plaintiff can choose where to file a claim in the following cases:

• at the last known place of residence or at the location of the property of the defendant, if his address is unknown;
• at the place of residence of the plaintiff: claims for the collection of alimony, establishment of paternity, for divorce (if the plaintiff has minors with him or it is difficult for him to go to court due to health conditions), for compensation for harm to health or as a result of the loss of a breadwinner, for the restoration of pensions, labor and housing rights, on compensation for losses due to unlawful conviction, on the protection of personal data, on compensation for moral damage.

Claims for the protection of consumer rights can also be filed at the place of residence of the plaintiff or at the place of conclusion (execution) of the contract.

Claims for rights to land plots, buildings and structures may be filed exclusively at the location of real estate.

Claims of the testator's creditors before acceptance of the inheritance are filed at the place of its opening.

In addition, the parties to the contract can change the contractual jurisdiction.

Attention! In the resolution of November 7, 2021 N 304-AD16-14156, the Supreme Court indicated that banks do not have the right, on their own initiative, to change the territorial jurisdiction of disputes between the bank and the borrower, thereby limiting the consumer’s right to choose the court to which, according to Part 7 of Article 29 of the Civil Code Procedural Code of the Russian Federation and paragraph 2 of Article 17 of the Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the Protection of Consumer Rights” has jurisdiction over the case.

But the parties have the right to change the territorial jurisdiction by mutual agreement by including this clause in the loan agreement (Review of the Supreme Court of the Russian Federation dated May 33, 2013)

Contents of the claim

Filing a statement of claim to the arbitration court is advisable only if its content complies with the requirements of the law. Indicated:

• which court the applicant is applying to;
• identifying information of the plaintiff - name, address, place of registration, contact means of communication;
• identifying data of the defendant - name, main state registration number, identification number, address;
• the essence of the requirements with reference to regulations;
• the price of the property claim, calculation of the amounts that are recovered or disputed;
• information about pre-trial and claim procedures, measures taken to resolve the issue;
• information about measures to ensure property interests taken before filing a claim;
• information about the attached documents.

The judge does not go beyond the requirements in the statement of claim. Therefore, special attention must be paid to the content. An arbitration lawyer competently formulates requirements and information. If necessary, motions to obtain evidence are drawn up in parallel. It is not enough to be right - it is important to prove it in court.

Claim form

Demands for arbitration proceedings can only be submitted in writing. In the question of how to submit an application to the arbitration court, you need to take into account that there must be a signature of the plaintiff or his legal representative. An alternative option is to fill out the form on the official website of the court and submit the claim electronically. If such an application contains a request for interim measures, an electronic digital signature is required for filing. A copy of the statement of claim must be sent to all participants in the process. Confirmation is a registered letter with notification. Ignoring the conditions in form and content entails refusal to accept the claim. Conducting an arbitration case and legal support by Legal specialists involves resolving all organizational issues, including filing a claim, without delay or missed deadlines, with strict compliance with the law. We take on work only when we are confident that we can help the client.

Descriptive part

Filing an application to the arbitration court will be unsuccessful if the descriptive part does not contain compelling arguments and arguments. Particular attention should be paid to the structure and logical sequence of presentation. It is advisable to indicate the relationships formed between the parties, how they are regulated, what conditions and agreements were violated. The descriptive part should be presented on the merits, with specific arguments and evidence. It is indicated what rules of law the subject of the claim is related to, for example, contract, lease, supply. An important aspect is the essence of the requirements: what they are, what the plaintiff is asking the court for. Chaotic nature, inconsistency of presentation, emotionality, and vernacular language are unacceptable. All information must be relevant, substantiated and reasoned. The more clearly the essence of the legal conflict is stated, the higher the chances of an objective judging. If the information in the claim is not directly related to the disputed situation, it should be removed. A qualified lawyer will take upon himself the formulation of the essence of the problem and draw up a competent statement of claim.

Cost of filing a lawsuit

In order to file a claim, you must pay a state fee. Its amount depends on the jurisdiction of the court and the nature of the dispute. All claims are divided into two categories: property or non-property. It is very easy to distinguish them from each other. So, if the goal is money or property, then, accordingly, it should be considered property. In the case where the appeal is due to the termination of a contract, the commission of certain actions, or the recognition of a transaction as invalid, then such a claim will be classified as non-property.

For property, state duty is paid as a percentage of the amount of claims. Filing a non-property claim involves paying legal costs in a fixed amount. The rates of state duty for specific claims and certain nuances of its payment are given in Art. 333.19 – 33.22 of the Tax Code of the Russian Federation. You can get acquainted with them directly here. In order to pay the state fee, you need to know your bank details. This information can also be obtained from the website of the selected court.

A number of claims filed do not require payment of state fees. Some categories of citizens are also exempt from it.

To understand whether the plaintiff is eligible for benefits, one should refer to Art. 333.36, 333.37 Tax Code of the Russian Federation. If benefits are applicable in your case, then the document must make reference to the relevant legal norm. For example: “the plaintiff is exempt from paying state duty on the basis of paragraph ___ paragraph ___ Art. 333.36 Tax Code of the Russian Federation.” If benefits are provided to a citizen (disabled person, veteran, etc.), then a copy of the supporting document is attached.

In fact, filing a claim in court does not present any difficulties. It is important to clearly define the essence of the problem, choose the necessary court and correctly draw up a statement of claim. The ultimate success of the business primarily depends on this. All the recommendations given above should help you with this.

Set of documents

The procedure for filing a claim with the arbitration court involves completing the attachments. Most of them are evidence of the validity of the claims. In addition, the claim must be accompanied by:

• payment document confirming payment of the state duty;
• certificate of state registration of a legal entity (copy);
• confirmation of sending a copy of the claim and attachments to other participants in the case;
• extract from the Unified State Register of Legal Entities (date of receipt – no earlier than 30 days before the application);
• evidence that actions were taken to resolve the dispute out of court;
• power of attorney for the representative and other documents indicating his competence;
• confirmation of the circumstances that justify the claims.

Based on the subject of the proceedings, other documents may be needed, in particular draft agreements and title documentation. Applications, like the statement of claim, can be sent to the court electronically. Photocopies are not accepted. Originals or notarized copies are required.

Steps to take when filing a claim

It is necessary to prepare for going to court. First of all, you should study the laws governing the controversial situation. To do this, you can turn to free legal databases that are freely available on the Internet. On our website you can also find legal advice and discussions on how to resolve the problem.

In addition, filing a claim requires familiarization with the requirements for its execution. They can be viewed in the relevant procedural code. If you don’t have it at hand, our recommendations will help you draw up an application yourself.

The statement of claim is always submitted in writing. It can be written by hand or typed on a computer. The claim must be in several copies in such a way that one is addressed to the court, and with the help of the second it is necessary to notify the defendant (if there are several of them, then an appropriate number of copies must be additionally made), and the third remains with the plaintiff. You should also think about the documents that will be attached to the application.

If a person is 100% sure that he is right and there are no other circumstances that could interfere with his presence in court hearings, then the process can be conducted by himself.

Otherwise, it is recommended to appoint a representative by first issuing a notarized power of attorney to represent your interests. For powers of attorney on behalf of enterprises, the director’s signature and seal are sufficient.

Filing a claim by mail

Filing an application to the arbitration court by mail is the slowest option. A special Russian Post service is required. A list of attachments must be compiled when sending materials by valuable letter. The document is printed in two copies. This is full proof of the filing of the claim and attachments, the date of actual sending and the date of receipt. A notification of delivery is filled out, and the envelope and inventory are filled out in the presence of a postal employee. Confirmation is the shipping receipt. It has a number with which you can track the mail. Regardless of how long the letter takes, the procedural deadlines are not violated: the date of submission is considered the day of sending. That is why it is not recommended to use simple sending, although there is no direct prohibition. If there are errors in the inventory, the documents on the date are considered unsubmitted. This affects the review time frame. In order not to worry about how to file a claim in the arbitration court, just contact the Legal.

How to file a claim in court

You can submit an application in paper form: personally bring it to the office of the court you need or send it there by letter with a list of the contents and a receipt.

The second option is to electronically submit a claim through the State Automated System “Justice”. To log in, use your username and password from Gosuslug.

Most district courts accept electronic applications, but magistrate judges do not always have this opportunity. Therefore, it is better to clarify in advance in what form you will be able to file a claim in your specific court.

Lada Gorelik

Personal appeal

Documents can be submitted in person at the court office. On the official website you can find the reception days and work schedule. Pre-registration in arbitration courts is not provided. It is important to be personally present when the set of documents is presented and confirm their integrity, compliance with the contents of the package and the list of attachments. If any item is missing, time will be offered to provide the missing documents. It is required that when applying you have one more copy of the claim on hand. The office employee will put a stamp on it with the date of acceptance of the documents. The court case number and details of the parties will be published on the official website of the court as soon as the documents are registered. This applies to all delivery methods. Not only the plaintiff, but also his legal representative can act personally by appeal.

Contact via the Internet

The option of filing a claim with an arbitration court via the Internet is as convenient as possible. To do this, you need to confirm your account on the State Services portal, then go to the Arbitration Case Files website. The next step is to activate the “My Arbitrator” option and use the ESIA account. The interface is very clear, there is a separate section with claims. The type of application is selected, data about the applicant is entered, and a specific arbitration court is selected. Applications are sent one at a time. After documents are accepted, a notification is sent by email. To sign the application, a simple or enhanced electronic signature is required. The original scanned documents must be retained after sending. The court may request this material at any time. “My Arbitrator” is the only option for electronic submission. Such documents are not accepted by court e-mail. The filing date is the day the documents are received into the system. Processing time usually takes 2-3 days.

Drawing up documents online

Many services, including the preparation of statements of claim, can be ordered and received online, without leaving your home, in any region of the Russian Federation. To do this, leave a request:

• Through the online ordering service on the website
• By email
• By phone +7 (495) 771-50-41

All applications are processed within 1 business day. A specialist will definitely answer you. Experienced lawyers will help resolve issues of any complexity.

What is the deadline to file a claim?

The arbitration process is subject to a general limitation period of three years. The countdown begins from the moment the plaintiff learned that his rights were violated and not respected. This rule covers the vast majority of claims in economic disputes and more. The deadlines for filing a claim with the arbitration court may be special if this is expressly stated in the law. For example, a shortened time interval is allotted for filing claims about inadequate quality of the contractor’s work - one year. To file an application to declare a legal entity bankrupt, even less time is allotted - a month from the moment the relevant signs are discovered. For certain categories of claims, the terms can be much longer than three years. In addition, the law provides for the possibility of restoration if there are compelling reasons. To do this, a petition with arguments must be submitted. The judge will not show such initiative on his own.

Why does the court refuse to accept applications?

Filing a claim to the arbitration court does not mean that it will be accepted for consideration by default. Reasons for refusal:

• there is already an arbitration award on the same grounds and between the same parties, which has become binding;
• incorrect jurisdiction - another proceeding is needed, for example civil or criminal;
• there is already an act of the arbitration court, as well as a civil or foreign court, which has entered into legal force and resolved the dispute between the same parties on identical grounds.

If the claim is rejected, re-applying with the same initial data is impossible. In addition, statements remain without progress if the requirements for their content and form are violated. If not resolved, a refund will follow. Such scenarios are a waste of time and delay the process. Legal experts will advise you on how to submit applications to the arbitration court and provide professional legal support.