Innovations in the arbitration process in 2016
Very little time remains before the entry into force of the amendments made to the Arbitration procedural code of the Russian Federation the Federal law from 02.03.2016, No. 47-FZ.
From June 2016 there should be a mandatory claim procedure for settling disputes.
In addition, the above Federal law provides for other innovations, which will be discussed in this article – they all relate, primarily, procedure, procedures and rules applied by arbitration courts in the course of the proceedings.
Despite the fact that these innovations first and foremost affect the process of the dispute in the proceedings, the article will be of interest not only to lawyers but also for business owners, managers and all those who in their activity one way or another can be faced with the threat of litigation.
Careful and timely study of the changes of the current legislation, will allow you to always be aware and keep abreast of their business, to correctly allocate risks and controlling all processes.
So, let us consider the most striking and noticeable changes that will affect not only the arbitration process and will affect the options of dispute resolution, but will make a significant contribution in regulating business relations between partners.
Mandatory pre-trial settlement of the dispute
We will remind that earlier mandatory pre-trial procedure applied only to cases established by the legislation of the Russian Federation.
In all other situations, the parties could petition the court to resolve disputed issues. Now before recourse to the court would first have to try to resolve the dispute on their own.
From June 2016 the dispute arising from civil legal relations may be referred to the resolution of the arbitration court upon expiry of thirty calendar days from the date of the claim, unless other term and (or) the order is not established by law or contract.
However, this innovation does not extend to all legal relations. Exceptions to this rule relate to the following matters:
— about establishment of facts having legal value;
— to award compensation for violation of the right to trial or the right to execution a judicial act within a reasonable time;
— insolvency (bankruptcy) cases on corporate disputes on protection of rights and legitimate interests of individuals;
— on early termination of legal protection of a trademark due to its disuse; challenging the decisions of arbitration courts.
In addition, economic disputes arising from administrative and other public legal relations, can be referred to the resolution of the arbitration court after compliance with the pretrial order, if it is set by Federal law.
In the absence of the statement of claim, information on compliance by the plaintiff of mandatory pre-trial settlement of the dispute claim to be left without movement and in establishing compliance with the specified order of return.
It should be noted that the parties may completely exclude the claim procedure or change the procedure and time limits for response to the claim by their agreement, i.e., for example, direct indication of this in the contract.
As the procedure became mandatory, many have question how to make pre-trial settlement speed and quality.
There is no doubt that the decision of the question will be productive if they are qualified specialists that help with minimal costs to emerge victorious from this situation.
Claim dispute process is a time consuming process that requires professional knowledge and skills from both sides. Seeking help from professionals will be a reliable guarantee of fast and productive solution to the problem.
Arbitration courts have been empowered to make a private determination on specific issues
If in the course of the trial, the judge concluded that the state authority, organization, endowed by the Federal law some state or other public powers, officials, counsel, the subject of professional activities violate the law, but now he will be entitled to submit a relevant judicial act is called the private definition, which is not directly associated with a pending court dispute.
Such determination shall be sent to the appropriate state authority, law education, self-regulatory organization and other parent bodies who within one month from the date of its receipt are required to report their actions.
Amendments to the summary procedure in arbitration courts
So, if earlier for legal entities there was a threshold of 300 000 rubles, and for individual entrepreneurs – 100 000 roubles, in connection with the amendment of the summary procedure in arbitration courts is allowed if the value of the claim does not exceed for legal entities 500 000 rubles for individual entrepreneurs – 250 000 rubles.
The operative part of the decision should now be posted on the official website of the arbitration court in is information - telecommunication network "Internet" not later than the day following day of its adoption.
The court will make the reasoning of the decision only if the person involved in the case will declare the corresponding petition.
The decision in the case, considered through summary proceedings, are still subject to immediate execution, but comes into force after 15 days from the date of its adoption, if not filed an appeal (formerly the appeal term was 10 days).
For individual categories of arbitration cases entered an accelerated form of procedure — court order
From June 2016, the arbitration courts will begin to hear cases in simplified proceedings.
The court order will be issued in cases in which:
1) the claims arise from the failure to perform or improper performance of the contract and based on the claimant submitted documents, establishing the monetary obligation that a debtor is recognised but not enforced, if the price of the stated requirements does not exceed four hundred thousand rubles;
2) the claim is based on the perfect notary protest notes in default, reaccept and meditirovaniya acceptance if the price of the declared requirements does not exceed four hundred thousand rubles;
3) the statement of claim about collecting of obligatory payments and sanctions, if specified in the application, the total size to be recovered cash amount does not exceed one hundred thousand roubles.
Statements on matters of the writ proceeding will be accepted to manufacture of arbitration courts on the basis of General rules of jurisdiction established by the APC and to enter into legal force upon expiration of ten days from the date of expiry of the deadline for submitting objections to the enforcement of court orders.
The debtor shall be sent a copy of the court order no later than five days after its adoption. Within ten days of receipt of the court order the debtor may submit objections to its execution.
In this case, the court must make an order abolishing a court order, whereupon the applicant may re-submit their claims to the court, but in the order of action proceedings.
The court order comes into force after 10 days from the date of expiry of the deadline for submitting objections to the execution of a court order, may be appealed to the arbitration court of cassation within 2 months.
At the request of the claimant the court order can be directed court for execution to the bailiff-executor in the form of electronic document.
The size of the state duty for filing the application for issuance of a writ in the court of arbitration will be 50% of the amount of the fee charged for filing a claim of property nature (clause 1 of article 333.21 of the Russian Tax code).
Please note that the Law comes into force on 03 June 2016
In connection with the above legal company Sparta Consulting recommends attention to the whole process of handling accounts receivable, take into account forthcoming changes in legislation and in case of necessary dispute resolution in the arbitration court to turn to professionals that can quickly, efficiently and relatively inexpensively to help You to solve your questions.