At its core, a settlement agreement is a bilateral agreement concluded between the plaintiff and the defendant. It fixes the concessions made by one or both sides and the conditions under which reconciliation becomes possible. An amicable settlement is the decisive factor for the termination of the initiated legal case.
It is necessary
- - a copy of the approved settlement agreement;
- - two copies of the statement of claim;
- - a copy of the payment document confirming the payment of the state fee.
Instructions
Step 1
The court decision on the approval of the settlement agreement serves as the basis for the termination of the proceedings. Repeated appeal to the court on the same issue with the same persons involved is impossible. In accordance with Chapter 15 of the Arbitration Procedure Code of the Russian Federation, an amicable agreement cannot be terminated and invalidated. The only option that allows you to terminate the amicable agreement is the appeal of one of the parties to the highest court. A precedent for this may be the approval of an amicable agreement with violations of procedural law. In this case, you will need to apply for its cancellation and invalidation.
Step 2
Write a statement about the cancellation of the settlement agreement to a court of higher jurisdiction in relation to the one by which this settlement agreement was approved. An appeal in this case is not stipulated by law, therefore, you should apply to the court of cassation. He is not authorized to check the legality of the settlement agreement itself, and will only consider the issue of compliance with procedural law, with this in mind, you will need to draw up the text of the statement.
Step 3
In the address part of the statement of claim for termination of the settlement agreement, in the upper right corner of the sheet, write the name of the highest court and the address at which it is located. Indicate after the word "Claimant:" your details, mailing address. After the word "Respondent:" - details and address of the respondent. The last line contains the amount of the claim in rubles.
Step 4
Write below, in the middle of the line "Statement of termination of the settlement agreement" and tell about the essence of the issue. Summarize the essence of the primary claims that were considered in the lower court.
Step 5
Indicate the number of the determination, its date and the name of the court that approved the settlement agreement, list the parties who entered into it. State the reasons why you consider the settlement agreement violated, and which can be considered the basis for its cancellation.
Step 6
After the word "Please:" or "We ask:", state your request to cancel the settlement agreement. Indicate the date and the judicial authority by which it was approved. State your other claims related to the reopening of the case.
Step 7
Supplement the application as an attachment with a copy of the approved settlement agreement, two copies of the statement of claim and a copy of the payment document confirming the payment of the state fee.
