THE ARBITRAL TRIBUNAL
Transfer Your dispute to arbitration can be accomplished in two ways:
- the inclusion in the original contract (possible source of conflict) of such conditions;
- a separate agreement to refer the dispute to arbitration.
According to the Federal law of the Russian Federation from 24.07.2002 G. “On arbitration courts in the Russian Federation” the dispute may be submitted to arbitration in the presence of the prisoner between the parties of the arbitration agreement.
The arbitration agreement may be concluded by the parties in respect of all or specific disputes which have arisen or which may arise between the parties in connection with the implementation of economic activities.
The arbitration agreement is in writing. It may be contained in a document signed by the parties. In addition, the arbitration agreement may be concluded by exchange of letters, messages by teletype, Telegraph or using other means of electronic or other means of communication that provides a record of the agreement. The reference in a contract to a document containing a condition that the dispute be referred to arbitration is the arbitration agreement provided that the contract is concluded in writing and the reference is such that makes the arbitration agreement part of the contract.
You should pay attention to the costs associated with dispute resolution in the arbitration court. The allocation of costs associated with the resolution of the dispute in the arbitration court, between the parties is the arbitration court in accordance with the agreement of the parties, and, failing that, in proportion to the satisfied and rejected requirements.
The plaintiff, when filing a claim in court should provide a detailed outline of their requirements. In the statement of claim filed in the arbitration court the plaintiff points:
- the date of the statement of claim;
- names and location of institutions which are parties to arbitration proceedings;
- substantiation of jurisdiction of the Tribunal;
- the plaintiff;
- the circumstances on which the claimant bases its claims;
- evidence justifying the claim;
- the price of the claim;
- the list attached to the claim documents and other materials.
To date, the role of arbitration courts in Russia is increasing. Thanks to the speed, efficiency, and confidential order of consideration of disputes the popularity of arbitration increased, not only among the participants of the economic turnover, but also among citizens.
Before You give consent to refer the dispute to arbitration, you should consult with a Lawyer. The decision to refer the dispute to the arbitration court – is a very important step. It is necessary to assess the prospects of proceedings in this court are familiar with the specific Regulations of the arbitration court, to prepare the necessary procedural documents.
Lawyer Alexandra Nikitina A. will help You protect Your interests in the proceedings in the arbitration court, and will also assist in the preparation of procedural documents.