amicable agreement in the arbitration process approved by the court only if it meets all the criteria and requirements of enforceability.These include well-defined and clear, of course requirements.The legislation of the Russian Federation there is a large array of inaccuracies and inconsistencies in connection with which the application of certain articles of Procedure hard.
Therefore, the arbitral tribunal shall be approved settlement agreements only contentious cases proceedings.This agreement entered into by the parties is required to contain an unconditional claim to have clarity and certainty, which are inherent in any legal document.The settlement agreement in arbitration trial can not have different interpretations and any uncertainties, which may further additional pleadings.
The wording of certain points of the agreement is carried out in a clear sequence, which is strictly defined opportunity with which the agreement should be fulfilled.It does not provide any other alternative for the implementation of this agreement.That is, if one party transfers any property, the return of property to be implemented.Settlement of the law can not be an alternative.The property is in the agreement can not be replaced by money or the provision of services.Since violation of certainty and clarity demand creates difficulties for enforcement.
Failure of a settlement agreement approved by a court in the arbitration process, fraught with coercive measures.Thus, according to the Arbitrazh Procedure Code (Article 142), the duty of the court is turned on and checked for compliance with the settlement agreement it points the requirements of current legislation.Since in the absence of voluntary fulfillment of the requirements of enforceability on the basis of the judicial act through bailiffs service.Thus, if a settlement is any ambiguity, does not conform to all the requirements of the law, does not correspond to the will of the parties, the transition to compulsory judicial execution is not possible, since it is unfounded and illegal.In addition to the clarity, certainty and absoluteness of the settlement agreement should motivate the parties to end the dispute and be reasonable.
approved by the bankruptcy court in the settlement agreement, if signed by authorized persons whose credentials are confirmed by documents giving the right to enter into this settlement agreement.Credentials of proxies by arbitration pursuant to Art.53 of the Civil Code of Russia, according to which the powers of the officials (the director or president) confirmed by official documents.At the same time to practice before the signing of the settlement agreement they must have separate documents in the form of an order or general power of attorney from the founders of the company.According to the law of the Russian Federation, the representative of the legal person in court can be a lawyer or other outsiders.Therefore, inadequate authorization check trustees involved in the arbitration process and sign an amicable agreement without appropriate authorization may result in the cancellation of the agreement.Then the settlement agreement shall be deemed invalid and shall be returned for a new trial in the court, as the facts of the case do not match the evidence.
Settlement Agreement approved by the arbitration court's decision only on condition that its members - directly opposite side, namely the plaintiff and the defendant, not the partners of this process on the part of the plaintiff and the defendant.
