Art. 27 of the AIC of the Russian Federation. Jurisdiction of cases to the arbitral tribunal

In the arbitration process, as in the civil procedure, it is necessary to establish the jurisdiction and jurisdiction of disputes. Only with the correct solution of problems is the matter considered on the merits. This is regulated art. 27 APC RF, which allows you to effectively hold meetings. If there is a dispute, it is necessary to choose the correct judicial authority, which will competently execute the consideration of the situation.

The essence of jurisdiction

What is the specificity of the term? Jurisdiction of cases to an arbitral tribunal means the delineation of legally authorized duties between the RF Constitutional Court, arbitration tribunals, and organizations of general jurisdiction. It turns out, the court can deal with those cases that are part of his work.

If we take into account the essence of arbitration, then their competence includes the consideration of disputes between enterprises. The jurisdiction of cases to the arbitral tribunal is divided according to the nature of the legal relationship. In such institutions are engaged in economic disputes. An important criterion for subordination of arbitration is the subjective composition of legal relations.

Features of the subject composition

According to Art. 27 agrarian and industrial complex of the Russian Federation, arbitration are engaged in economic disputes where participants can be:

• Legal entities;
• Entrepreneurs;
• Individuals;
• authorities.

By the nature of legal relations, arbitration can deal with economic disputes in the field of civil and administrative spheres. The cases of these institutions may be subject to the jurisdiction of administrative law. In this area, arbitration can deal with issues of challenging documents, acts of government, administrative offenses.

Nuances of jurisdiction

In practice, most of the disputes that refer to certain institutions have a connection with the protest over the decisions and decisions of the controlling organizations. Documents challenged by officials are subject to challenge. These include:

• bankruptcy;
• Disputes on the establishment, reorganization;
• Registration of institutions;
• Disputes over securities;
• Business on protection of business reputation.

Since such cases are considered in arbitration courts, specialists have the necessary skills for their conduct. During the meeting, the norms of legislation are taken into account.

Features of corporate disputes

There may be other conditions for the jurisdiction of cases. Sometimes corporate disputes are considered . But then we take into account:

• Nature of the dispute;
• Rules for conducting economic work by the enterprise;
• Grounds for legal relations between the parties;
• Rules of organization of the form of the enterprise.

Arbitrations often deal with cases of economic disputes. They also deal with cases of non-fulfillment of contractual obligations of counterparties. The institution considers civil disputes, commercial matters. Participants of disputes are citizens: IP, business owners, business associations. Sometimes they are the authorities.

Principles of jurisdiction

Art. 27 APC RF establishes that subordination is an important condition for arbitration. Only when the dispute has specific characteristics, they can deal with such an institution. It is necessary to take into account the nature of legal relations, which should be economic. Otherwise, the case is considered by a court of general jurisdiction.

The legal status of the parties is of great importance. If these are not commercial organizations, then the case is transferred to a court of general jurisdiction. But in the legislation can be approved and exceptions. Along with the jurisdiction, the jurisdiction is of considerable importance.

Principle of jurisdiction

The term "jurisdiction" means the rules for referring a particular case to a particular institution. The concept has 2 varieties:

• Generic;
• Territorial.

Each case can be considered only within a particular institution. The distribution of responsibilities between organizations allows solving disputes by competent employees.

Family jurisdiction

This term means delineation of the competence of consideration of cases by institutions that are part of the judicial system. Disputes of the first instance are transferred by arbitration courts of the Russian Federation. In this way it is established, for example, the jurisdiction of the Moscow Arbitration Court .

Many cases are considered by the RF Armed Forces. The jurisdiction of the institution includes disputing documents, economic disputes arising between authorities.

Territorial jurisdiction

This concept includes arbitration-procedural norms that approve the principles of delineation of competencies of institutions of the same level. The jurisdiction of the subjects of the Russian Federation is established. All institutions have one legal status.

The jurisdiction of arbitration of Moscow is approved on the basis of those criteria that determine the competence of the institutions in the regions of the country. Each organization carries out activities on the basis of its competence. According to Art. 27 APC RF cases should be considered on the merits. The court uses the term jurisdiction.

Multiple jurisdiction

If you touch upon such a concept as the delimitation of jurisdiction, then jurisdiction is divided into exclusive and plural. The latter is considered the most important, since it includes several types:

• Imperative: the case is considered by several institutions, but in strict sequence;
• Contractual: agreement of the parties;
• Mixed: the initiator of the dispute may decide to consider the case by several bodies;
• Alternative: the possibility of choosing a body by a person who wishes to obtain protection of rights.

Consequences of errors

Art. 27 The agrarian and industrial complex of the Russian Federation with comments includes principles of subordination. Arbitrations consider disputes involving organizations. If the jurisdiction body is chosen incorrectly, the case may be canceled. It turns out that all the work done will be meaningless.

But there may be another situation. If the dispute does not fall within the competence of citizens, the court does not accept the application. Therefore, no meeting is scheduled. As a result, the case will be transferred to the necessary institution, which will deal with it until the end. If errors were identified during the meetings, then this is enough to stop it.

Jurisdiction and jurisdiction

All principles of subordination include art. 27 of the AIC of the Russian Federation. The current version defines the consideration of the protection of intellectual rights by arbitration courts. All procedures for establishing judicial competence are divided into several types:

• Alternative: the case can be considered in jurisdictional institutions, and not just in court;
• Exceptional: after consideration of the case, one can not go anywhere to protect the rights;
• Contractual: an agreement is drawn up that a dispute can be considered in an arbitration court;
• Conditional: an extrajudicial settlement of the dispute is carried out.

Distinction of duties between courts is clear, therefore it will turn out to choose the necessary body for consideration of a certain case.

If there is a discrepancy between the dispute of the competence of the court, then the matter is not transferred to another body. The change in jurisdiction occurs when an error is detected. A complaint may be lodged to transfer the case to another authority. If redirection has been performed, the process continues. And it is forbidden to initiate disputes over jurisdiction over the law.