How To Get A Decision Of The Arbitral Tribunal

Table of contents:

How To Get A Decision Of The Arbitral Tribunal
How To Get A Decision Of The Arbitral Tribunal

Video: How To Get A Decision Of The Arbitral Tribunal

Video: How To Get A Decision Of The Arbitral Tribunal
Video: How Arbitral Tribunals Reach Their Decisions, The Arbitral Tribunal, Mediation Models 2024, December
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Currently, there is an electronic bank of all decisions of arbitration courts and courts of general jurisdiction of Russia, therefore, you can familiarize yourself with their texts on the official websites of the judicial authorities. However, situations often arise when a judicial act must be on paper with all the stamps, entry into force, seals and signatures of judges.

How to get a decision of the arbitral tribunal
How to get a decision of the arbitral tribunal

Instructions

Step 1

Based on the results of considering an economic dispute on the merits, the arbitration court of first instance makes a decision that becomes effective and becomes binding on the parties to the case, upon the expiration of the period for appealing it (the total period is one month, Article 180 of the APC RF). The decision of the court shall be announced to the parties and other participants in the proceedings at the court session in which the consideration of the case on the merits is completed. At this moment, the position of the court on the case is revealed, and the parties who are not satisfied with it can begin to consider the arguments of the appeal or cassation complaint.

Step 2

Article 177 of the Arbitration Procedure Code of the Russian Federation provides for the obligation of the court to send copies of the decision to the persons participating in the case, within five days from the date of the decision, by registered mail with acknowledgment of receipt. The decision can also be served against receipt. In order to save time allotted for appeal or to start enforcement proceedings as soon as possible, interested parties seek to obtain a non-binding decision even before it is sent by mail.

Step 3

This goal can be achieved in two ways. Firstly, it is possible to submit a corresponding petition directly in the court session, in which the final decision was made. It will be reflected in the minutes of the meeting and satisfied at the discretion of the court. Secondly (and this is the most frequently practiced method), you need to apply to the court office with an application to receive the decision in your hands. The application is made to the name of the judge who made the decision.

Step 4

The clear content and form of the application are not stipulated by law, however, the general requirements for such documents must be observed. So in the application it is necessary to indicate the number of the case, which is assigned, according to the internal judicial document flow, the date of the decision, who the applicant is in the case, who is the opposing party in the case, as well as the norms of the Arbitration Procedure Code of the Russian Federation, on the basis of which the applicant has the right to receive a copy of the decision (Articles 41, 177 of the Arbitration Procedure Code of the Russian Federation).

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