The appeal against the decision of the arbitral tribunal is carried out by filing an application with the arbitration court of the entity in which the contested judicial act was adopted. At the same time, it is important to comply with the requirements for the application form, its content.
In the constituent entities of the Russian Federation, there is a system of arbitration courts that resolve disputes between organizations and entrepreneurs on issues related to the implementation of commercial activities. The judicial acts of these bodies are also called decisions, however, the judges who make them are not in the civil service, therefore the parties are given the right to appeal against these decisions in the arbitration court system. For appeal, the interested party should prepare and submit an application containing a request to cancel the arbitral tribunal's decision, which must be sent to the arbitration court of the corresponding constituent entity of the Russian Federation. The term for sending such an application is three months from the date of receipt of a copy of the judicial act.
What are the requirements for the application?
An application for challenging the decision of the arbitral tribunal must fully meet certain requirements that apply to its form, content, and attached documents. So, the application must contain the details of the arbitral tribunal, the contested decision, the names of the parties who participated in the session of this court, the date of receipt of the judicial act and a number of other information. The list of attached documents must contain the contested decision itself, the arbitration agreement of the parties, confirmation of payment of the state duty, justification for canceling the adopted judicial act. If an application filed with an arbitration court with attachments contradicts the specified requirements, it is left without movement and returned in accordance with the general rules of procedure.
What are the grounds for appealing against the decision of the arbitral tribunal?
In the application for cancellation of the judicial act of the arbitral tribunal, the attached documents must contain a specific basis on which the applicant asks to cancel the corresponding decision. The arbitration procedural legislation contains a clear list of the indicated grounds, which should be guided by even at the stage of drawing up an application. So, the decision can be canceled if the concluded arbitration agreement is invalid, the interested party was not notified of the appointment of judges, the time, place of the proceedings. In addition, the basis for recognizing the decision as invalid is the court's departure from the list of issues defined in the arbitration agreement. Finally, a violation of the established procedure for the proceedings may also lead to the cancellation of the arbitral award.
