Arbitration process

Arbitration procedural law is represented by a system of legal norms designed to regulate the activities of the court (arbitration) and other stakeholders, which is related to the implementation of justice in cases entrusted to the arbitral tribunal.

The main task of the said legal proceedings is to protect the disputed or violated legitimate interests and rights of persons who carry out economic (business and other) activities. In addition, this sphere implements protection of legitimate interests and rights of the Russian Federation, state authorities, municipal entities, state entities, other bodies and officials.

Entrepreneurship is an independent activity. It is carried out at its own risk and is aimed at the regular extraction of profits from the sale of goods and the use of property, the provision of services and the performance of works registered as entrepreneurs in accordance with the procedure established by law.

Other economic activity is the realization of the interests of participants in the civil turnover in public-legal relations, to one degree or another related to entrepreneurship. Such relations include relations with customs, tax, registration, antimonopoly and other state bodies, which have the authority to regulate economic activity in the relevant sphere.

Disputes arising from the above relationships are considered in the structure of a particular system. Regulated by the rules of arbitration law (procedural), the successive procedural actions that are carried out by the arbitral tribunal and other parties to the proceedings relating to the examination and resolution of a particular case determine the concept of the arbitration process. The complex of all actions performed by the participants (parties) means its stages.

The arbitration process is divided into six stages. They are determined depending on the content and objectives of the action.

1. In order to resolve the dispute on the merits, claims are considered in the court of first instance. A claim is made against the claims presented in the claim.
2. In order to examine the case with newly submitted and already available evidence, the arbitration process is carried out in the appellate instance. In this case, the case is reconsidered taking into account a complex of evidence (new and already available).
3. In order to verify the legality of decisions and decisions taken by the courts of appeal and arbitration courts in the subjects of the state, cassation proceedings are conducted in the instances.
4. For the revision of acts with revealed significant violations in the rules of procedural or substantive law , production is conducted in supervisory procedure.
5. The arbitration process can be carried out with the purpose of revision of judicial certificates and correction of errors in connection with the opened circumstances of the acts which have come into force.
6. For the practical implementation of decisions taken, the execution of court decisions is appointed. In this procedure there is no need in case of voluntary execution by the parties of the court decision on the merits of the case.

All the stages to which the arbitration process is divided are not always mandatory. However, they are of great importance in the further movement of the matter. When considering any case (arbitration), the first two stages are considered binding.

Each of the stages in turn is divided into three stages. They include:

• Filing a case;
• Preparatory procedure;
• Resolution of the case with a decision on it.

Judicial proceedings are divided into the following types:

1. The general claim. This production is initiated by the filing of a claim with the demand to resolve a legal dispute.
2. Special production in the arbitration process. In this case, a request to establish the fact (legal) is made for the permission of the court , and there is no dispute about the law.