Now more and more often the parties to the dispute refer the conflict that has arisen between them to the arbitration court. Its advantages are that the parties themselves choose the composition of the court and the procedure for considering the case. However, it is not so easy to challenge the decision of the arbitral tribunal.
Instructions
Step 1
An arbitration court is considered to be a court independently chosen by the parties to resolve civil or economic disputes arising between them. It can be a permanent arbitration court or a composition of the court independently appointed by the parties to consider one specific case.
Step 2
In order to involve the arbitral tribunal in their conflict, the parties must draw up a written arbitration agreement between themselves. It specifies the chosen arbitration court, the number of judges, disputes that can be referred to the arbitration court, as well as the procedure for court proceedings. Such an agreement can be drawn up as an independent document or be one of the sections of the main agreement between the parties.
Step 3
The decision of the arbitral tribunal can be challenged on a limited range of grounds. These include: the invalidity of the arbitration agreement, or the dispute that has arisen is not provided for by it, the lack of notification of the opponent about the appointment of the court or the court session, as well as violations that arose during the formation of the composition of the court.
Step 4
When a civil case, on which the arbitral tribunal has made a decision, falls under the jurisdiction of the general courts, it can be appealed in the appropriate court at the place of the decision. If the arbitral tribunal has made a decision on a dispute being considered by the arbitration courts, it may be canceled by the arbitration court of first instance relating to the territory where the decision is made.
Step 5
To challenge the decision of the arbitral tribunal, you should apply with a statement in which you need to substantiate the reasons for its revision. The application is submitted no later than 3 months from the date of receipt by the interested party of the contested decision. The application must be accompanied by the original or duly certified copies of the decision of the arbitral tribunal and the arbitration agreement, as well as evidence justifying the need to cancel the decision. In addition, a document confirming the payment of the state duty is attached to the application. If the application is addressed to a court of general jurisdiction, a copy of it for the opponent is attached to it. When submitting an application to the arbitration court, evidence of its sending by mail to the second party must be attached additionally.
Step 6
When the decision of the arbitral tribunal is canceled, a ruling is issued, which can be subsequently appealed. After that, the parties can re-apply to the arbitration court or refer the existing dispute to a court of appropriate jurisdiction.
