In the system of Russian legal proceedings, not the last role is assigned to the arbitration courts. Their competence includes the consideration of various disputes related to the implementation of entrepreneurial activities.
What are the functions of the arbitral tribunal
Arbitration courts (arbitration) consider only disputes related to the conduct of business or other economic activities.
The structure of arbitration courts is formed by: courts of the first instance, arbitration courts of appeal, Federal arbitration courts of districts (cassation instance), as well as the Supreme Arbitration Court of the Russian Federation. The latter, among other functions, is entrusted with the authority to review judicial decisions by way of supervision. The territorial jurisdiction of the arbitration courts of appeal and cassation is spelled out in the Federal Constitutional Law “On Arbitration Courts in the Russian Federation”.
There is also the Intellectual Property Court, which is empowered to resolve cases in the field of intellectual property protection.
Cases that may be considered by an arbitration court
So, what kind of conflict situations is arbitration authorized to resolve? Mainly, these are various disputes with the participation of enterprises and entrepreneurs regarding the conclusion and execution of contracts. So, if one enterprise has a contractual debt to another, then in order to enforce it, it is necessary to file a claim with an arbitration court. The same should be done when it is necessary to terminate the contract or declare it invalid.
The second category of cases is made up of disputes related to the appeal of regulatory and local acts, as well as actions related to the organization and conduct of business activities. Here the defendants will already be state authorities, local self-government bodies, as well as their officials. For example, an enterprise needs to cancel the decision to apply sanctions for violations of tax, customs, antimonopoly, urban planning and other legislation. This can also include cases on the collection of mandatory payments and fines (including administrative ones).
A significant volume of cases pending in arbitration courts concerns the bankruptcy of debtors. Here the parties have to be guided not only by the Arbitration Procedure Code of the Russian Federation, but also by the provisions of the Federal Law “On Insolvency (Bankruptcy)”.
The next group of cases is formed by numerous corporate disputes. They are associated with the creation and further management of the enterprise. The parties in this case will be the legal entity itself, as well as its participants (founders, members, etc.). A more detailed list of corporate disputes to be considered in arbitration courts is listed in Art. 225.1 APC RF.
Considers arbitration and cases concerning the confirmation of facts of legal significance. The main ones are indicated in Art. 218 APC RF.
They deal with arbitration courts and cases related to challenging and compulsory execution of decisions of arbitration courts adopted in economic disputes. In addition, the competence of arbitration includes issues related to the recognition and enforcement of decisions of foreign courts in the field of business relations.
In addition, cases related to violation of business reputation in the framework of entrepreneurial activities may be referred to arbitration courts.
