The arbitration process

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2018-03-18 08:35:07

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Arbitration law represented a system of legal rules designed to govern the activities of the court (arbitration) and other stakeholders associated with the implementation of justice entrusted to the court of arbitration.

The Main task of the specified procedure is to protect contested or violated the legitimate rights and interests of persons who carry out economic (entrepreneurial and other) activities. Moreover, this area implements the protection of the legitimate rights and interests of the Russian Federation, bodies of state power, municipal formations, subjects of the state, other bodies and officials.

Entrepreneurial activities is independent. It is at your own risk and directed on regular extraction of profit from the sale of goods and use of assets, provision of services and execution of works registered as entrepreneurs according to the statutory order of entities.

Other economic activity is a realization of interests of participants of civil turnover in the relations of public law, in one or another degree related to enterprise. Such relations, in particular, include the relations with customs, tax, registration, Antimonopoly and other state bodies empowered to regulate economic activities in the relevant field.

Any Disputes arising from the above relations, are considered in the structure of a particular system. Regulated by norms of the arbitration law (procedure) carried out sequentially procedural actions committed by the arbitration court and other parties to proceedings relating to the consideration and resolution of a particular case determine the notion of the arbitration process. The complex of all actions performed by participants (parties), stands for its stage.

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The Arbitration proceedings are divided into six stages. They are determined depending on the content and purposes of action.

  1. To resolve the dispute on the merits requirements are dealt with in the court of first instance. In accordance with the claim requirements of the decision.
  2. To review the case with the newly introduced and already existing evidence, the arbitration process is carried out in the appellate court. Thus there is a retrial, given complex evidence (new and existing).
  3. To test the legality of judgments and decisions of appeals courts and arbitration courts in the regions of the state by proceedings in the court of cassation.
  4. To review the acts identified significant violations of the procedural or substantive rights held production Supervisory order.
  5. The Arbitration process can be carried out with the purpose of revising of judicial acts and the correction of errors in connection with the opened circumstances of the acts in force.
  6. For the practical implementation of decisions is assigned to the execution of acts of court. In this procedure there is no necessity in the case of voluntary execution by the parties of the court's decision on the merits.

All the stages, which are separated by the arbitration process are not always required. However, they are of great importance in the further progress of the case. If any proceeding (arbitration) the first two stages are considered binding.

Each of the stages in turn subdivided into three phases. These include:

  • The case;
  • Preparatory procedure;
  • Resolution of the case and the decision thereon.

The Procedure is divided into the following types:

  1. Total claim. The proceedings are initiated by filing a claim with the permission of a legal dispute.
  2. Special proceedings in the arbitration process. In this case, the court imposed a requirement to establish a fact (legal), and the issue of law is absent.


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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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