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Where and when to file an appeal against a decision arbitration court?

Contents of chapter. 34 of the Arbitration Procedure Code of the Russian Federation regulates the consideration of a case on appeal. According to this rule, a complaint can be filed no later than 30 days from the date of the court’s decision. At the same time, the Plenum of the Supreme Arbitration Court of the Russian Federation in paragraph 12 of the resolution “On the application...” of May 28, 2009 No. 36 emphasizes that the deadline for filing a complaint should not be counted from the day when copies of the act reached the participants in the case or were sent to them, but from the day when when the decision was finally made.

For reference: if the court violated the procedure for sending copies of the decision to citizens, this fact does not increase the period for filing an appeal, but may serve as a reason for filing an application to restore this period.

The complaint can only be submitted through the arbitration tribunal of the first instance, which considered the case. You can send it in several ways:

  • through the court office;
  • by mail;
  • using the Internet - through the “My Arbitr” system.

Procedure for filing an appeal to the arbitration court

Applicants may be:

  • participants in the process;
  • persons who did not participate in the process if the court decision affected their rights (successors);
  • representatives of parties or third parties.

The requirements for the content of the complaint are established in Art. 260 Arbitration Procedure Code of the Russian Federation. Thus, the document is submitted only in writing with all the necessary papers attached according to the number of participants in the process. The complaint must bear the signature of the applicant or his representative if the latter has the authority to file it.

After the court of first instance receives the complaint, within no more than 3 working days it is obliged to redirect it to appeal. She, in turn, having checked the documents, issues a judicial act on accepting the case for consideration or returning the complaint, indicating the reasons for the refusal. In addition, the complaint may be left without action.

Since the appeal is reconsidering the case, the issue of presenting new evidence will be decided by the judge, taking into account what reasons did not allow this to be done earlier and whether the citizen even had the opportunity to transfer information to the arbitration tribunal of the first instance. If the reason is valid (for example, the court rejected the request to include them in the case without reasonable grounds), then the evidence can be included. However, as practice shows, this is done very rarely. The court puts its decision in the form of a ruling.

The period for consideration of a submitted complaint is no more than 2 months. This also includes the time required to prepare the case for trial and make a decision. This period may be extended by the chairman of the court at the request of the judge hearing the case (for a maximum of 6 months).

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Contents of the appeal to the arbitration court, sample

The complaint must contain:

  • name of the court, its address;
  • Full name and place of registration/residence of the plaintiff, his contact telephone number;
  • similar information about other participants in the case;
  • name of the court of first instance;
  • case number;
  • date of adoption of the judicial act that is being appealed;
  • subject of dispute;
  • the applicant’s requirements with excerpts from the decision and references to regulations;
  • list of documents attached to the complaint.

How documents should be included in attachments:

  • power of attorney for the representative, if he is involved in the case;
  • a copy of the act being appealed;
  • papers on sending a copy of the claim to all participants in the process;
  • document confirming payment of the duty.

For reference: if the complaint was not accepted by the court the first time and was left without progress, the returned documents and papers must be reattached.

A sample appeal against a decision of the arbitration court can be downloaded on our website.

Contents of the appeal against the ruling of the arbitration court, sample

The parties to the proceedings have the right to appeal court decisions that were made during the proceedings in the manner prescribed by Art. 272 of the Arbitration Procedure Code of the Russian Federation.

The complaint includes the following information:

  • an indication of the details of the case being considered in the first instance;
  • information about the ruling made;
  • grounds for disagreement with the document;
  • links to legal acts;
  • applicant's requirements;
  • list of attached papers.

For reference: a citizen can demand that the court of appeal either cancel the act in whole or in part, or send it for a new trial.

You can make a complaint against a ruling using the example of a complaint against a decision already presented above, by substituting necessary information regarding the indication of the act being appealed, the grounds for filing a complaint, requirements, changes in the list of attached documents. You can also download a sample of it on our website.

So, an appeal against the decision of the arbitration court must be sent to the arbitration court of first instance in compliance with the deadlines and procedures, established by law. The document should not contain new requirements, since only those circumstances that are set out in the judicial act can be disputed.

An appeal against a ruling of the arbitration court - a sample of this document can be found in this article. Below you will also find out in what time frame, where and how to file an appeal to the arbitration court and what is the procedure for its consideration by the court of second instance.

Appeal to the arbitration court

In the event that a person taking part in the case, or another person interested in the dispute, for some legal reason does not agree with the judicial act passed in the court of 1st instance, he can express his objections in writing - draw up and submit to the arbitration court (hereinafter - AS) appeal (hereinafter - appeal, complaint, AJ) (Article 257 of the Arbitration Procedural Code of the Russian Federation, hereinafter - APC).

Thus, an appeal to the arbitration court can be filed against such documents as:

  • a decision made on the essence of the dispute (on satisfying or refusing claims, etc.), which has not yet entered into legal force;
  • a determination that completed the consideration of the case on the merits (refusal to accept the claim, termination of the process, etc.);
  • a determination that interferes with subsequent proceedings (on securing a claim, etc.).

At the same time, there are a number of definitions that, after their adoption, immediately enter into legal force and are not subject to challenge on appeal. In this case, the AJ is sent to the cassation court.

Examples of such definitions are the following:

  • on the acceptance of a settlement agreement (Part 8 of Article 141 of the APC);
  • appealing the decision of the arbitration court (part 5 of article 234 of the Arbitration Procedure Code), etc.

As a rule, when submitting an AJ, the applicant is required to pay a fee - a state fee - in the amount of 50% of the fee paid when filing a non-property claim (Article 333.21 Tax Code RF).

IMPORTANT! A complaint filed against a ruling that impedes proceedings (for example, a refusal to secure a claim) is not subject to state duty (clause 27 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation “On the application ..." of July 11, 2014 No. 46).

Appeal to arbitration: sample

The procedure for filing an appeal to arbitration is regulated by Art. 260 APK. Mandatory requirement is hers written form and the presence of a handwritten signature of the applicant or his representative. The AJ can be submitted directly to the court office, sent through the postal service or the official website of the Court on the Internet.

AJ, just like a statement of claim, usually has the following blocks:

  • introductory;
  • descriptive;
  • motivational;
  • resolute.

Based on this, an appeal to arbitration usually provides the following information:

  • name of the AS where the complaint is sent, details of the case, contact details of the applicant, information about the state fee paid;
  • the name of the AC that issued the appealed act, details of the contested act, the essence of the dispute;
  • circumstances in connection with which the act is being challenged (with reference to legislation);
  • the person’s claims, stated, for example, like this: “Please cancel...”, etc., a list of attachments (contested act, power of attorney, etc.).

If the applicant believes that any additional information matters in the context of the appeal, he may also reflect it in the complaint.

IMPORTANT! When challenging a determination to return a claim, it is necessary to attach the rejected statement of claim and its appendices.

For more information about the cases in which a claim is returned, see the article Returning a statement of claim in the arbitration process.

The AJ and the papers attached to it must be handed over or sent by mail by registered mail with notification to all participants in the dispute (Part 3 of Article 125 of the APC).

A sample complaint about the determination of AS can be downloaded from the link: Arbitration appeal - sample.

The procedure for considering an appeal against a court decision and ruling

AJ for a determination, as well as for a court decision, is considered by arbitration court of appeal(hereinafter referred to as the AAS), however, it is sent to the court of 1st instance, which initially resolves or resolved the dispute on the merits (Article 258 of the APC). Subsequently, the documents on the case, along with the complaint, are transferred by the court to the AAS.

Proceedings in the AAC are carried out in the same manner as in the AC of the 1st instance, with the exception of some rules (Article 266 of the APC). Thus, the AAC sits in a collegial composition, without arbitration assessors.

Also, you cannot declare to the AAS:

  • on combining or separating several claims;
  • change of the cause of action;
  • increasing or decreasing the financial expression of claims, etc.

In addition, some complaints are considered by the AAC without summoning the parties to the dispute. Examples of such complaints are an appeal against a ruling to transfer a case from one arbitration court to another or an appeal against a decision of an arbitration court on a dispute considered in a simplified manner (Article 272.1 of the Arbitration Procedure Code).

Based on the results of studying the complaint, the AAC may come to the following conclusion:

  • leave the judicial act unchanged and the complaint unsatisfied;
  • cancel the act of the AC of the 1st instance and instruct it to re-solve the dispute, except for complaints against the ruling on the adoption of interim measures, the imposition of a fine and some others (clause 10 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation “On the application ..." of May 28, 2009 No. 36);
  • cancel the act in whole or in part and make a decision on the essence of the dispute.

Time limit for consideration of an appeal

By general rule The period for consideration of an appeal in an arbitration court is 2 months (Article 267 of the Arbitration Procedure Code). IN this period The time frame for preparing the case for trial and issuing the final court document is counted.

The beginning of the period is the date of receipt by the AAC of the complaint and other documents in the case. Moreover, in the case of submitting several AJs for one court document given period begins from the moment of receipt of the last life insurance (clause 22 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated May 28, 2009 No. 36).

IMPORTANT! If there are exceptional circumstances (for example, the complexity of the case, etc.) set out in the statement of the judge resolving the case, the consideration of the AJ may be extended by the chairman of the AC for up to six months.

  • about returning statement of claim;
  • the entry into the case of a co-plaintiff or a third party, who may or may not be making separate claims;
  • consolidation of cases into one proceeding, etc.

Within 5 days, the AJ is examined to determine whether to transfer the dispute from one AC to another (Article 39 of the Arbitration Procedure Code).

In addition, deadlines in arbitration proceedings are discussed in the article Procedural deadlines in arbitration proceedings - nuances.

Deadlines for filing an appeal against a ruling of the arbitration court

The deadline for submitting an AJ to determine the AC is regulated by Art. 188 APC. The general period is a period of 1 month from the date of adoption of the final determination.

In addition, there are a number of complaints that have different filing deadlines. So, within 10 days the following can be submitted:

  • to determine the transfer of a case from one court to another;
  • refusal to involve a co-defendant;
  • entry into a dispute of a third party who has independent demands, etc.

Some determinations can be challenged exclusively together with challenging the document that completed the process in the case, i.e. they are set out in the Administrative Judgment on the decision of the Court (clause 6 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated May 28, 2009 No. 36).

These include the following definitions:

  • about adjournment of the process;
  • involvement of the second defendant;
  • consolidation of cases;
  • conducting an examination, etc.

A complaint submitted after the end of the period established by the APC is returned to the applicant, unless he asked for the restoration of the missed deadline based on valid reasons for the omission (Article 264 of the APC).

IMPORTANT! Reasons for omission such as the duration of the procedure for approving the submission of a complaint, the representative's leave, changes in personnel and other difficulties within the organization that is the applicant of the complaint are not considered important (clause 13 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated May 28, 2009 No. 36).

Thus, the rules for filing and consideration by the Court of Appeal of an appeal against a ruling of an arbitration court - a sample of which can be downloaded above from the link - are identical to the procedure for appealing and considering a complaint against a decision of the court of first instance, with the exception of some features.