Settlement of disputes in arbitration court
Settlement of disputes in arbitration begins withstatement of claim. It is signed by the plaintiff or his representative. After payment of the state duty the application is submitted to arbitration. Cases should be considered and decisions taken within no more than two months from the receipt of the statement of claim.
Preparation for the trial is madethe corresponding definition. In it, the judge fixes the actions that preceded the preparation, the appointment of the proceedings, as well as the time and place of the proceedings.
In the course of preparation, the issue of summoning a third party or another defendant is being considered. Parties may be asked to present evidence or documents.
The statement of claim must be formalized by the appropriatethus, include all necessary requisites, which are provided in Article 102 of the APC. In addition, any other information that justifies the requirements may be indicated in the application. In one case, it is allowed to specify several requirements that are interrelated with each other.
The submission of an application within the statutory period is the observance of the statute of limitations.
In accordance with Article 89 of the agrarian and industrial complex, permissiondisputes in the arbitration court involves the payment of court costs. The amount of costs includes the state fee and costs during the review process. These costs are incurred by the party that claims the claims, or by interested parties in the same parts, if they simultaneously apply.
The resolution of disputes in the arbitration court is carried out in the composition of 3 judges (with the exception of the proceedings, the decision on which is taken solely). All officials are equal in decision-making.
Settlement of disputes in an arbitration court involvesagreement between the parties. In this case, according to the agreement, a decision is made if it does not violate the interests and rights of third parties and does not contradict the law.
Settlement of disputes in arbitration courtprovides for the conclusion of a settlement agreement. Its registration is carried out in writing. On the conclusion of a settlement agreement, a corresponding definition is made. In the ruling, the court indicates the termination of the proceedings.
The decision made at the meeting, if it is not appealed, comes into force in a month.
At the court session there ispresiding judge. It provides an exceptionally complete clarification of all the circumstances of the conflict, as well as the preservation of the duties and rights of all parties. For this purpose, the judge determines the order of the hearing, explains the duties and rights to the participants. In addition, the authorized person assists in the process of realizing the rights of the parties, and also takes measures to create the necessary order at the meeting.
The review takes place with the participation ofstakeholders, other persons and representatives. The plaintiff and defendant or other representatives, expert and other persons participating in the hearing are heard at the meeting. Thus, assistance is being provided to achieve agreement between the parties. A protocol is kept at the meeting.
Upon completion of the consideration of the case, the presiding judge shall render a decision. The official has the right to declare only the operative part.
When making a decision, the court has the right to withdrawthe scope of the claim, to reduce in some cases the amount of the penalty (penalties, penalties), subject to collection at the request of an entrepreneur citizen or an organization with a breach of the obligation of the party. In addition, it may also delay or delay the implementation of the decision.
As practice shows, today tax disputes in arbitration courts are considered to be the most widespread legal conflicts.