In the activities of Russian companies, disagreements often arise with counterparties, tax and other government authorities. Most conflicts end in litigation.

Ill-thought-out position, failure to provide the necessary evidence, formalism of the judge - all this can lead to defeat in the court of first instance. Until the court's verdict has entered into legal force, it is possible to review it in a second instance.

An appeal against an arbitration court decision is an inalienable right of the plaintiff, defendant and third parties to judicial protection. If you refuse this opportunity, you will regret the missed chances to win and the fact that you gave up without a fight.

Deadline for filing an appeal in arbitration cases

An appeal against the decision of the arbitration court must be filed within 30 days from the announcement of the verdict. During this period, the appellant has the opportunity to present a reasoned objection.

In practice, this deadline is sometimes missed. This occurs either due to a misunderstanding from which date the period is calculated or from ignorance that a trial was taking place against the person.

What to do in such a situation? If there are good reasons, you have the right to file a petition to restore missed deadlines.

Thus, recently the head of the legal entity St***-M LLC contacted our legal office and received a resolution to initiate enforcement proceedings. He was not properly notified and learned of the decision three months later. Thanks to competent legal support, the client was able not only to restore the missed appeal period, but also to win the trial in the Ninth Arbitration Court of Appeal.

The importance of the appellate instance lies in the fact that without its passage, a decision that has entered into legal force cannot be appealed in cassation. The submitted complaint will automatically be returned to the complainant.

Only if the deadline for appeal is missed and the court refuses to reinstate it, will this be the basis for a subsequent appeal to the cassation instance.

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Leaving a complaint without action, its return (grounds and consequences)

If, when filing an appeal, it turns out that the applicant has violated the requirements for its form and content, the judge will leave the complaint without progress.

If the circumstances that served as the basis for leaving the appeal without progress are eliminated within the period specified in the court's ruling, the appeal is considered filed on the day of its initial receipt by the court and is accepted for proceedings by the arbitration court of appeal.

If these circumstances are not eliminated within the period specified in the ruling, the arbitration court returns the appeal and the documents attached to it to the person who filed the complaint in the manner established by Article 264 of the Arbitration Procedure Code of the Russian Federation.

The arbitration court of appeal returns the appeal if, when considering the issue of accepting the appeal for proceedings, it establishes that:

• the appeal was filed by a person who does not have the right to appeal a judicial act in the manner of appeal proceedings;
• the appeal was filed against a judicial act, which, in accordance with the Arbitration Procedure Code of the Russian Federation, cannot be appealed through the appellate procedure;
• the appeal was filed after the expiration of the deadline for filing an appeal established in the Arbitration Procedure Code of the Russian Federation, and does not contain a request for its restoration or the restoration of the missed deadline for filing an appeal was refused;
• before the decision was made to accept the appeal for court proceedings, the person who filed the appeal received a petition for its return;
• the circumstances that served as the basis for leaving the complaint without progress have not been eliminated within the period established in the court ruling.

The arbitration court of appeal also returns the complaint if the request for a deferment, installment payment of the state duty or a reduction in its amount is rejected.

The arbitration court issues a ruling on the return of the appeal.

The ruling specifies the grounds for returning the appeal and resolves the issue of returning the state duty from the federal budget.

A copy of the ruling on the return of the appeal is sent to the person who filed the appeal, along with the complaint and attached documents no later than the next day after the day it was issued or after the expiration of the period established by the court for eliminating the circumstances that served as the basis for leaving the appeal without progress.

The ruling of the arbitration court to return the appeal may be appealed.

If the ruling is cancelled, the appeal is considered filed on the day of the initial appeal to the arbitration court.

The return of the appeal does not prevent the repeated filing of the appeal with the arbitration court in the general manner after the elimination of the circumstances that served as the basis for its return.

An appeal against a court decision is a challenge to a judicial act that has not entered into force. The appeal procedure is initiated by an interested person on the basis of a complaint formulated by him (both those participating and not participating in the process in a particular case).

A complaint is no less a serious procedural document than a statement of claim. Based on the arguments of the complaint, the court can completely change the fate of the dispute by canceling the illegal decision of the lower court.

The content of the article:

Expert opinion

Stepanov Maxim Anatolievich

Legal consultant with 6 years of experience. Specialization: civil law. Extensive experience in drafting contracts.

ATTENTION : our lawyer for arbitration cases in Yekaterinburg will help you figure out how to draw up an appeal to the arbitration court: professionally, profitably and within 24 hours. Call now!

How to appeal an arbitration court decision (detailed instructions)

The appellant may file a complaint in one of the following ways:

• by post;
• courier service;
• via electronic service.

Our lawyers recommend choosing the second method, because... it allows documents not to get lost and will speed up the process of accepting a complaint. Providing papers via electronic communication channels takes a lot of time to scan and attach a package of documents. But this method is appropriate if the arbitration court is located in another city.

An appeal is filed with the court that made the decision being appealed. Within 3 days, the complaint is forwarded to the appellate judge.

The appeal is considered in a collegial composition by judges of 3 people. Based on the results of the consideration, a decision is made that comes into force immediately.

Note! In the appellate court, there is not a re-examination of the dispute, but an examination of the decision. This means that when drawing up a paper, it would be wrong to simply correct the text of the statement of claim and insert it into the text of the appeal. When drawing up a complaint, it is important not only to explain the errors in the decision of the first instance, but also to indicate the right path.

There are a number of formal requirements for the text of the appeal:

1. The document must contain the signature of the head or representative of the company. In the second case, the original power of attorney or a notarized copy is attached. It is not necessary to put the company seal on the appeal.

2. The document header states:

• name of the arbitration court to which the complaint is filed;
• applicant's details indicating location;
• names of participants and addresses of their registration;
• which court and when made the contested decision, the subject of the dispute;
• arbitration case number.

3. The following is the requirement:

• about complete or partial cancellation of the decision;
• on the adoption of a new act. However, your demands should not go beyond those stated in the statement of claim.

You cannot ask for the case to be returned for a new consideration, since this is the function of the cassation authority.

4. State the grounds for the challenge with reference to the law.

5. Indicate the list of documents attached to the appeal.

Copies of the complaint must be sent to other participants in the trial:

• in person against receipt;
• by registered mail with acknowledgment of receipt.

Attach the following to the set of submitted documents:

• a copy of the contested decision;
• confirmation of delivery of a copy of the appeal by other participants;
• original state duty documents;
• power of attorney confirming authority to sign the appeal.

The opponent who has received a copy of the complaint has the right to send a response to the arbitration court. The main task of the other side is to convince the court of the validity of the ruling. The response must be received before the date of the court hearing, and its copies are sent to all participants in the arbitration process.

Article 260. Form and content of the appeal

1. An appeal is submitted to the arbitration court in writing. The appeal is signed by the person filing the complaint or his representative authorized to sign the complaint. An appeal can also be filed by filling out a form posted on the official website of the arbitration court on the Internet.

2. The appeal must indicate: 1) the name of the arbitration court to which the appeal is filed; 2) the name of the person filing the complaint and other persons participating in the case; 3) the name of the arbitration court that adopted the appealed decision, the case number and the date of the decision, the subject of the dispute; 4) the requirements of the person filing the complaint and the grounds on which the person filing the complaint is appealing the decision, with reference to laws, other regulatory legal acts, circumstances of the case and evidence available in the case; 5) a list of documents attached to the complaint.

The appeal may contain telephone numbers, fax numbers, email addresses and other information necessary for consideration of the case, as well as existing petitions.

3. The person filing an appeal is obliged to send to other persons participating in the case copies of the appeal and the documents attached to it that they do not have, by registered mail with return receipt requested, or hand them over to other persons participating in the case or their representatives personally against signature.

4. The following are attached to the appeal: 1) a copy of the contested decision; 2) documents confirming the payment of the state duty in the established manner and amount or the right to receive a benefit in the payment of the state duty, or a petition for a deferment, payment by installments or a reduction in the amount of the state duty; 3) a document confirming the sending or delivery to other persons participating in the case of copies of the appeal and documents that they do not have; 4) a power of attorney or other document confirming the authority to sign the appeal.

The appeal against the arbitration court's ruling to return the statement of claim must also be accompanied by the returned statement of claim and the documents attached to it when submitted to the arbitration court. Documents attached to the appeal may be submitted to the arbitration court in electronic form.

The nuances of filing an appeal under a simplified procedure

According to the latest data of arbitration legislation, for judicial acts adopted in summary proceedings, a special period for filing an appeal is established - 15 working days. The countdown begins from the moment the decision is made. If one of the parties asked to draw up a reasoned decision, the period is counted from the date of production of the judicial act in full.

A summary appeal is considered by a single judge. In fact, a court hearing is not held and the parties are not required to be summoned. But if the arbitration case is complex, the court, at its discretion, has the right to invite participants to the hearing.

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Procedure, form, content and deadlines for filing an appeal and presentation

According to Art. 320 of the Code of Civil Procedure of the Russian Federation, decisions of the court of first instance that have not entered into legal force can be appealed on appeal in accordance with the rules provided for by Chapter 39 of the Code of Civil Procedure of the Russian Federation.

This is important to know: Leaving an appeal without progress under the Code of Civil Procedure of the Russian Federation

Necessary elements of the right to appeal and initiate appeal proceedings:

1. the presence of a subject vested with appropriate powers (to appeal);
2. existence of an object of the right of appeal;
3. compliance with the deadline for filing an appeal and the procedure for exercising the right of appeal.

The right to appeal a court decision belongs to:

• parties and other persons involved in the case;
• persons who were not involved in the case and the question of whose rights and obligations were resolved by the court;
• the right to bring an appeal belongs to the prosecutor participating in the case.

Persons who were not involved in the case and the question of the rights and obligations of which were resolved by the court may include:

1. third parties;
2. successors of the parties and third parties making independent claims regarding the subject of the dispute;
3. persons who have applied to the court for the protection of the rights, freedoms and legitimate interests of other persons;
4. persons who were not involved in the process if their rights and obligations are affected by the judge’s decision, as well as
5. representatives of citizens and organizations in the presence of a properly executed document confirming their authority to perform such a procedural action.

What appellate arbitration courts are there in Moscow?

Russia has a system of 21 arbitration courts of appeal. Each of them checks judicial acts adopted by arbitration courts of several constituent entities of the Russian Federation.

There are two exceptions. The jurisdiction of the Ninth Arbitration Court of Appeal extends to Moscow, the Tenth - to the Moscow region.

State fee for an appeal in Arbitration

It is necessary to pay the state fee for filing an appeal against a decision or ruling of the arbitration court before filing a complaint. The amount of the special fee is 3 thousand rubles - half of the state duty for a non-property claim. Payment is made to the details of the tax office at the place of registration of the court of appeal.

At the request of the person, expressed in the form of a petition, the court may reduce the amount or split the payment into several parts. To do this, the appellant must provide documents confirming the difficult financial situation, which should be corrected in the near future.

Prosecutors defending state interests, public organizations, disabled people and other categories are exempt from paying the fee.

Results of the appeal against the decisions of the arbitration court

If we want to convince the appellate judges that the verdict (judicial act) was truly unfounded, it is necessary that:

• the arbitration award actually contained errors;
• the complaint was thoughtful and convincingly written.

Practice shows that a complaint not drawn up by a lawyer is returned by the court back to the applicant. This happens because he does not see what he can build his position on and what arguments should be given.

The quality of the document drawn up determines the approach of the arbitrators to review the case. An appeal with a set of standard phrases, drawn up according to a template, will not be able to force the arbitrator to understand the essence and listen to the arguments of the complaint.

Of course, each problem is unique, and the law office “Kakhiev and Partners” always knows how to help the client in his case. If you do not want to risk the prospects of a complaint, use the services of highly qualified lawyers. By winning your appeal, you will not only win the dispute, but also be reimbursed for all costs.