arbitration procedural law represented by the system of legal norms to regulate the activities of the court (arbitration), and other stakeholders, which is associated with the implementation of justice entrusted to the court of arbitration cases.
The main objective of this trial is to protect the violated or disputed rights and legitimate interests of the persons who carry out economic (business and other) activities.Furthermore, said the scope of implementing the protection of legitimate rights and interests of the Russian Federation, state authorities, municipalities, state entities, other agencies and officials.
Entrepreneurial activity is independent.It is carried out at your own risk and is aimed at a regular profit from the sale of goods and the use of property, provision of services and performance of works registered as entrepreneurs according to the procedure established by law officials.
Other economic activity is a realization of the interests of participants in civil relations of public law, to one degree or another related to entrepreneurship.For such relations, in particular, the relationship with the customs, tax, registration, antitrust and other government agencies that have the authority to regulate economic activities in the relevant area.
disputes arising under the above relationships are considered in the structure of a specific system.Adjustable rules of arbitration law (procedure) is performed sequentially procedural actions committed by the arbitral tribunal and the other parties to the proceedings relating to the consideration and resolution of a particular case define the concept of the arbitration process.The complex of actions committed participants (parties), represents stage.
arbitration process is divided into six stages.They are defined depending on the content and purpose of action.
- In order to resolve the dispute on the merits of the claim before the court of first instance.Upon presentation to suit the requirements of a decision is made.
- the purpose of the proceedings with the newly presented evidence and existing arbitration process is carried out on appeal.Thus there is a retrial in view of the complex evidence (new and existing).
- In order to verify the legality of resolutions and decisions adopted by the courts of the appellate court and arbitration courts in the subjects of the state being carried out in the cassation instance.
- to review acts of the identified significant violations in the rules of procedure or substantive law is conducted on supervisory review proceedings.
- The arbitration process can be carried out with the purpose of reviewing judicial acts and correcting errors in connection with the discovered evidence of acts in force.
- for the practical implementation of the decisions taken shall be appointed pursuant to acts of the court.In this procedure, there is no need in the case of voluntary compliance by the parties the court decision on the merits.
All steps that are divided arbitration proceedings are not always required.However, they are of great value in the further progress of the case.When considering any business (arbitration), the first two stages are considered binding.
each stage in turn subdivided into three stages.These include:
- initiation of proceedings;
- preparatory procedure;
- resolve the case with a decision on it.
Judiciary is divided into the following types:
- total claim.This production is raised suing demanding resolution of the legal dispute.
- Special Production in the arbitration process.In this case, the resolution of the court imposed a requirement to establish the fact (law), and there is no dispute about the law.
