The legislative framework of the Russian Federation, though far from ideal, but it is constantly being improved.And it is the citizens of some of the issues.Especially those who are far from the law in principle.For example, many people are interested in this legal institution, the arbitral tribunal.What is it?What is included in its jurisdiction?What matters is considered a judge of the Institute of Law?
judicial system
executive and judicial system of the Russian Federation, are closely related.But not everything is so easy to understand them.For example, some only the courts are divided into several categories, each of which examines the affairs of his jurisdiction.No exception and the arbitral tribunal.What it is?The first non-state judicial authority.
arbitral tribunal - a commercial court, which has its own competence.For the most part it resolves disputes between organizations or certain types of property issues that are associated with them.All this falls under their jurisdiction.Conventionally, they can carry it to the civil proceedings, as discussed lawsuits, which are governed by civil law.
There are nuances that are worth considering, as a judicial body is still non-state character.This is a special way to the settlement of disputes between citizens (natural or legal persons).Its main task - to make the right decision for both parties on the basis of their expression.Each member of the right to demand something at the same time losing.The judge has an important function - to resolve the dispute so that both parties to the contract have been met and the claim has not got to the courts of first instance for further consideration.
What is
It should be noted that such a tribunal is an alternative method of regulation of some controversy.Arbitration court of arbitration, though not related to the arbitration proceedings, but are subordinate to him.What does this mean?The Supreme Arbitration Court of any city strictly keep records of non-state vessels and regulates their activities.Lists of existing and registered you can usually view online.In addition, the two parties to the dispute can independently convene a court of arbitration, which will only questions.This ensures that the case will be considered in due time and will have a satisfactory solution for all.It is noteworthy that no one can take notes on the case, unless the parties have stipulated this in advance.The meeting is always closed nature that guarantees the security of confidential information.Another interesting fact is that the judge is not entitled to demand any evidence, other than those that are already on the case.It also can not impose penalties on the actors for the lack of the necessary details of the case.
Who established
arbitral tribunal - a judicial authority, which may be formed by any entity.By following some conditions, of course.At the same time the founder shall notify the Court of Arbitration of their district on their activities.This is done from the date of creation.In addition, there are some differences for judges and state courts, and private.As well as to the process of establishment.Thus, the state court jurisdiction is part of the judicial system of the Russian Federation, is fully regulated by law.Create court may by authorized bodies, and none other more.Unlike arbitration, for example.The procedure for its establishment is simplified, although it has its own peculiarities.
Who can become a judge
Rules set of people who can do business, not as strict.The disputes in the arbitration court may be considered by any person who meets the rules.Namely:
- Persons who do not have a criminal record (as canceled and outstanding).
- persons who have a law degree.
- Persons who do not have any incriminating evidence in the biography.
- No special qualifications required by law.
Thus, the judge is open to any citizen who received a law degree, with an impeccable reputation.That he can lead the arbitral tribunal.What does this mean?What is disinterested in the outcome of the case the person has the right to resolve the conflict between the parties to an existing agreement between them, with all the rules as the arbitral proceedings, and the current legislation.For the most part this type of judge in court - is the third party in the agreement.It ensures that the parties to the contract have found the correct and satisfactory solution for them in a peaceful way.
Subspecies
All arbitration courts are divided into two subspecies.Each of them has its own characteristics and nuances both in cases and in the establishment.It is noteworthy that the decision and the execution of it is not affected.It's just that each species has its own competence, to be aware of.In addition, a subspecies of the institution affects the fact for how long before breaking the non-state court.This gives advantages as offloads the judiciary general type.
Permanent Court
There is such a thing as a permanent arbitration court.What does it mean?Firstly, non-judicial body created strictly from public notice for the establishment of such products in the territory.For example, in Russia there is an arbitration court at the Chamber of Commerce.It is a permanent body.
Secondly, in deciding not only the court is guided by the principles of the arbitration refereeing, but also agreement between the members of the parties, as well as the legislation of the Russian Federation, in principle (in exceptional cases).Why is that?Because the grounds for the decision is is an agreement or treaty.He initially could not violate applicable law, otherwise it will be invalid and illegal.
Interim Court
There is such a thing as the consideration of a particular dispute.In another way, this concept sounds like "courts ad hoc".And this is also the arbitral tribunal.What does this mean?Firstly, that the court is going to non-governmental bodies only to deal with a particular dispute, and no more.Second, notice the area of arbitration is not binding.That is, the founders of the arbitral tribunal may meet on its own initiative and on their own terms, provided that the rules of the arbitration proceedings.Once a claim is satisfied, the arbitral tribunal shall terminate the temporary existence.
What
cases are in the courts of this type are considered the case of a commercial nature.In particular, the two companies or employees of the company and founder.All cases are handled exclusively in the framework of existing agreements between the parties to the process.The agreement, which has no arbitration clause (agreement) can be changed by both parties.To do this, you need to make the necessary amendments to the relevant paragraph of the contract.Always require the signature of both parties.
Who can apply to the court
action may be directed to a natural person or a legal unilaterally.Prerequisite is the second side of the notification of the statement.In addition, if the arbitration clause in the contract between the actors is not, it can be made at any stage of consideration of the question by mutual agreement.This is a prerequisite.The Arbitration Court of the Russian Federation makes a decision based only on the arrival of the parties to the general agreement on the lawsuit.
agreement Court
basic principle of such non-state judicial body - the parties' agreement.What does this mean?For example, there is a specific agreement, where there is a clause stating that disputes under the agreement can be considered in state court.There is no arbitration clause.But it can be made by mutual consent.In this case, the arbitral tribunal may, at its basis to consider the case.It is also noteworthy that the reservation can be made at any stage.Even if the claim is considered in state court of first instance, but the decision has not been taken.A reservation can be of three types: no alternative (the dispute is heard only by the arbitral tribunal), alternative (or an arbitral tribunal or a court of law) and specific (a particular point of the contract is considered by the court of arbitration).Be sure to specify a specific name and address of the judicial authority.
decision is not always the decision can be appealed.For example, the decision of the arbitral tribunal can not be changed by any of the courts if the parties had stipulated its irreversibility.No arbitration or appeal committee can not change that, because the legal framework does not provide for this.Appeal the decision of the arbitration court can be used only if the procedural requirements mean it.It should be based on the norms of the Civil Procedure Code of the Russian Federation.It was there all the prescribed legal aspects that regulate the issues in dispute in the arbitration proceedings.This appeal shall be entitled to claim only one side of the case and no more.This is spelled out in the Federal Law "On arbitration courts".The period in which you can try to reverse the decision of 3 calendar months from the date of its adoption and signing.If the parties was made permanent and the only right for them to judgment, none of them shall have no right to change it.Moreover, enforcement of arbitral awards should begin immediately after the end of the process.Resolution should be strictly enforced in the stipulated time, immediately.The decision shall enter into force without delay.But the execution is voluntary, not compulsory.
Execution
Arbitration Arbitration Court is not entitled to make the claim the defendant to fulfill obligations.It does not provide its competence.But he entrusted another function - to make a decision.His performance, though voluntary, may be demanded in the court of general jurisdiction under compulsion.Is obliged to enforce the Marshals Service of the Russian Federation at the place of attachment of the writ.
How to claim
To a solution that delivered the arbitral tribunal, was made in the period, the claimant shall have the right to apply for a writ of execution.This is done by the district court at the place of residence or location of the defendant or the property on which there was a dispute.The writ of execution is filled, and then transferred to the person who has to perform.A copy is sent to the bailiffs, who are obliged to follow the execution of court decisions in due course.If the loser did not fulfill its obligations, it imposed administrative penalties.
