Complaint against an arbitration court ruling

When is it necessary to file an appeal?

No one is immune from mistakes. The appellate authority exists to correct illegal and unfounded court decisions. In the second instance, the court re-examines the case, and if there are procedural violations, which are an absolute basis for reversing the court decision, it considers the case according to the rules of the first instance. The procedure and rules of trial by the court of appeal are regulated by Chapter 34 of the Arbitration Procedure Code of the Russian Federation.

What is an appeal and what does it achieve?

An appeal, if satisfied, provides an opportunity for the defendant to cancel the court decision before it enters into force, and therefore before the issuance of a writ of execution.

In addition, both the plaintiff and the defendant will not be able to file a cassation appeal without going to the appellate court.

You can appeal not only the court decision, but also some rulings.

When is a short complaint needed?

During the period of transition from the Soviet legal system to the modern Russian one, there was a sharp increase in the number of entities that began to master the so-called economic activities. As a result, the demand for dispute resolution in arbitration court has increased significantly.

It should be noted that previously the court decision took ten days to come into force, but now a month must pass. Due to the heavy workload of the judges, they simply did not have time to make a final decision on the case.

Thus, a situation was created where those who wanted to file an appeal against the court decision acted belatedly after the judges.

Example of a short appeal to an arbitration court

Therefore, experienced lawyers began to file an appeal without waiting for the judge to issue a reasoning, that is, the final part of the decision. The basis for filing a complaint, in this case, is the presence of an operative part, which the judge reads out at the hearing.

To eliminate such conflicts, the legislator changed the time limits for the entry of court decisions to longer ones. However, the demand for arbitration continues to grow and judges have not become less busy. Based on this, the concept of a short complaint in the arbitration process remains relevant.

How to file an appeal

In your complaint, be sure to include:

name of the court of appeal,
name, INN, OGRN and contact details of the parties to the dispute,
case number and date of the decision of the court of first instance,
arguments why you do not agree with the decision,
your demands (to cancel or change the court decision).

Please attach to the complaint: confirmation of sending a copy to the defendant and other parties to the dispute, payment documents confirming payment of the state fee in the amount of 3,000 rubles, a copy of the court decision, and other documents.

But the appeal then becomes effective when the applicant correctly argues his position/

Appeal: argumentation

When preparing the arguments of the complaint, refer to Art. 270 of the Arbitration Procedure Code of the Russian Federation, which regulates the grounds for reversing a decision:

indicate which circumstances the court did not consider and did not find out, which of your arguments it ignored and did not evaluate,
point out the court's conclusions, which are not supported by any evidence and are based on assumptions,
indicate which conclusions do not correspond to the facts,
list the violation of the law (material and procedural) with reference to specific articles and paragraphs.

Don’t forget to sign the complaint, and also check that the representative’s power of attorney includes the authority to appeal the court’s decision.

If you do not attach the necessary documents, the complaint will be left without progress, and if you do not correct the shortcomings on time, it will be returned.

In addition, the complaint will be returned to you immediately if it is not signed or the signatory is not authorized to do so.

Appeal against a court decision

Arbitration Court of the City of Moscow composed of Judge S.N. Shustikova. refused my claim to invalidate the decision to withdraw the plaintiff from the society. It would seem that such a corporate dispute is not complicated - the signature of our principal in the documents on his withdrawal from the company was forged and by declaring falsification we had to confirm this, after which the decision and entry in the Unified State Register of Legal Entities are declared illegal. But the aforementioned judge chose an unexpected approach and rejected the claim. I present for reading and discussion the text of the appeal filed against the decision of the court of first instance.

Ninth Arbitration Court of Appeal Moscow, Solomennoy Storozhki pr-d, 12-14

Plaintiff (complainant): _____________________________________

Representative of the plaintiff: LLC "UK Antanta" 127473, Moscow, st. Seleznevskaya, 13, building 2, office 7, 89266106054

Defendants: Euro-Light Company LLC OGRN 1027700359015 INN 7705172587 113054, Moscow, Zatsepsky Val, 14/36, building 1

MIFNS No. 46 for Moscow 125373, Moscow, Pokhodny proezd, house ownership 3, building 2

Third party: Butenko Vitaly Valerievich 117186, Moscow, st. Nagornaya, d. 21, bldg. 1, apt. 79

Case No. A40-209205/15-138-1679

Appeal against the decision of the Moscow Arbitration Court dated April 5, 2016.

By the decision of the Moscow Arbitration Court dated 04/05/2016 (posted in the Ring Road on 04/25/2016) in case No. A40-209205/15-138-1679, the claim of ____________ (hereinafter referred to as the “plaintiff”) against Euro-Light Company LLC was rejected ” (hereinafter referred to as the “company”), MIFNS of Russia No. 46 for Moscow (hereinafter referred to as the “defendants”) on invalidating the decision to exclude the plaintiff from the membership of the company and making a corresponding entry in the Unified State Register of Legal Entities.

The plaintiff does not agree with the court's decision, believes that when it was adopted, the rules of procedural and substantive law were incorrectly applied, and it significantly violates the plaintiff's rights in the field of entrepreneurial activity.

In the statement of claim submitted to the arbitration court, the plaintiff indicated the absence of his will expressed in any form to leave the company - no documents on his withdrawal from the membership of the company Novikov N.A. did not sign or submit.

The plaintiff believes that in this case the court and the participants in the process were faced with the task of verifying the authenticity of the signatures affixed on behalf of the plaintiff in the relevant documents.

However, contrary to the rules prescribed to the court by the rules of the Arbitration Procedure Code of the Russian Federation, the court refused both an objective and comprehensive consideration of the plaintiff’s arguments and evidence, and also refused to assist the plaintiff in resolving the dispute.

The text of the appealed decision does not contain any specific motives for rejecting the plaintiff’s demands; it only has complex formulations that do not carry the necessary meaning.

From the grounds of claim stated by the plaintiff, it is clear that he was not present at the signing of the disputed documents, but learned about his exclusion from the company from the Unified State Register of Legal Entities extract. However, by a ruling dated November 19, 2015, the court left the claim without progress due to the absence of the date and number of the contested decision on the plaintiff’s withdrawal from the company and the document itself, despite the plaintiff’s stated absence of it.

In order to avoid the return of the statement of claim, the plaintiff was forced to temporarily indicate the presumptive details of the contested decision of the company's participants, implying the further possibility of their clarification in accordance with Art. 49 Arbitration Procedure Code of the Russian Federation.

However, having received the materials of the registration case requested from the tax authority at the request of the plaintiff, the arbitration court pointed out that the details of the decision contained in them did not correspond to those declared by the plaintiff, and therefore rejected the claim.

Considering that the materials of the registration case on the expulsion of the plaintiff from the company were presented by a representative of the tax authority directly at the court hearing on March 22, 2016, the plaintiff’s representative did not have the opportunity to prepare and submit a written request to postpone the hearing of the case in order to familiarize himself with the specified documents and about their falsification. And it was precisely on the basis that these requests were made orally that the court refused to satisfy them, as indicated in its decision.

This approach of the court contradicts Part 3 of Art. 9 of the Arbitration Procedure Code of the Russian Federation, from which it follows that the arbitration court, while maintaining independence, objectivity and impartiality, manages the process, explains to the persons participating in the case their rights and obligations, warns about the consequences of their commission or failure to perform procedural actions, and provides assistance in their implementation rights, creates conditions for a comprehensive and complete examination of evidence, establishment of factual circumstances and correct application of laws and other normative legal acts when considering a case.

Thus, the arbitration court of first instance in the process of considering the case, in violation of Part 2 of Art. 7, part 3 art. 8 and part 3 of Art. 9 of the Arbitration Procedure Code of the Russian Federation, has deliberately created a situation in which the plaintiff is actually deprived of the opportunity to exercise his rights.

Part 2 Art. 9 of the Arbitration Procedure Code of the Russian Federation (persons participating in the case have the right to know about each other’s arguments before the start of the trial), Part 1 of Art. 41 of the Arbitration Procedure Code of the Russian Federation (the right to get acquainted with evidence presented by other persons participating in the case before the start of the trial), Part 3 of Art. 65 of the Arbitration Procedure Code of the Russian Federation (each person participating in the case must disclose the evidence to which he refers as the basis for his claims and objections to other persons participating in the case before the start of the court hearing or within the period established by the court, unless otherwise established by this Code), Part 4 of Art. 65 of the Arbitration Procedure Code of the Russian Federation (persons participating in the case have the right to refer only to that evidence with which other persons participating in the case were familiarized in advance), which were also violated by the court of first instance, indicate that the legislator provided the persons participating in the case with an inalienable the right to get acquainted in advance with the evidence provided in the case in order to carry out the necessary procedural response.

If the listed norms of procedural law had been applied by the court of first instance, the only argument underlying the statement of claim (about non-signing of the application and the decision to withdraw from the society) would have been assessed by the court of first instance, and the case would have been considered correctly. Violation or incorrect application of procedural law, in accordance with Part 3 of Art. 270 of the Arbitration Procedure Code of the Russian Federation, is the basis for changing or canceling the decision of the arbitration court of first instance, if this violation led or could lead to the adoption of an incorrect decision.

Based on the above, guided by art. Art. 9, 41, 65, 257, 269, 270, 271 of the Arbitration Procedure Code of the Russian Federation, I ask the court of appeal to cancel the decision of the Moscow Arbitration Court of 04/05/2016 and satisfy the statement of claim in full.

Appendix: receipt for payment of the state fee power of attorney for the representative petition for restoration of the missed procedural period postal receipts for sending the complaint to the parties statement of falsification of evidence

Representative __________ _______________ D.V. Sukhanov

Appeal to the court: who can file it?

Persons involved in the case may file a complaint.

In addition, any person, even if he did not participate in the case, but the judicial act affected his rights or obligations, can file an appeal. In this case, you will have to justify exactly what your rights and obligations are affected by the judicial act and how.

The prosecutor can also file a complaint, even if he was not involved in the case.

Legal successors of the parties and third parties can also appeal against judicial acts.

Generalizations and useful tips when filing a preliminary appeal to the arbitration court

So, a short complaint to the arbitration court should be written if:

There is a delay in making a final decision in the arbitration case.
There is confidence in what the motivational part will contain.
There are solid grounds for appeal.
Alternatively, delay the consideration of the case.

In other cases, of course, there may be hope for success, but you should not delude yourself too much.

Among other things, as advice, it is recommended not to indicate in the complaint about the delay in the judge making a final decision, although this is not prohibited. This is unlikely to significantly help matters. It is best to write a short complaint.

Well, in order for everything to go smoothly, you need to contact a law firm. There are too many nuances, and, therefore, the chances of making a mistake are very high. No need to take risks. This will not lead to success.

Deadline for filing an appeal

You are given one month to appeal a court decision or ruling.

The period is considered not when the complaint is received by the court, but when you send it there.

If the deadline for appeal is missed, send along with the complaint a request to restore the deadline. But you can restore the period only no later than 6 months from the moment the decision was made or a person not participating in the case learned about it.

The reason must be valid, for example, illness, long business trip, other family circumstances - for individuals; a long absence of a decision in the file on the court’s website and the simultaneous failure to receive a copy on paper - for companies. The illness or business trip of an individual representative, the absence of a lawyer on staff, or a change of director will not be a valid reason for the company.

If there is no request or if the reason is considered unjustified, the complaint will be returned to you.

General requirements for an appeal

The complaint under consideration has a standard form. Its content must include the following information:

the full and correct name of the court accepting the complaint for examination;
Full name (name) of the applicant indicating the address of his residence/stay. Similar information is indicated in relation to other participants in the contested case;
the full and correct name of the court that previously made the contested decision. Information about the case under consideration must be provided, its number and date of adoption must be indicated.

The content of the appeal must clearly establish the subject of the dispute and define the applicant's requests. Additionally, in the body of the document it is recommended to indicate contact information of other participants in the paperwork, whose testimony may help in satisfying the requirements.

At the end of the complaint there is a list of documents and certificates attached to it. These include the following positions:

a copy of the arbitration court ruling subject to challenge through an appeal; Resolution of the Arbitration Court
payment documents indicating the fact of transfer of the duty approved by law;
documents demonstrating compliance by the applicant, who is the author of the complaint, with the requirement to notify other participants in the case about his intentions. The mentioned persons are notified by means of a registered letter with an appropriate mark or by transferring information against receipt;
a document indicating that the applicant’s authorized representative has the right to authenticate the complaint with a personal signature (if a representative is involved).

In general, the requirements for this type of complaint are enshrined in Art. 260. APK.

If the application does not comply with accepted standards, the court will leave it without movement and provide the author with a certain time period to eliminate the detected inaccuracies. In addition, the complaint may be rejected due to the lack of necessary documents or if they were submitted in inappropriate quantities.

In such circumstances, the citizen authorized to correct the problems described must submit documents with the expectation that they will be submitted for judicial review no later than the established deadline, and not be handed over to the postal service employee by this deadline.

Article 260 of the Arbitration Procedure Code of the Russian Federation. Form and content of the appeal. Download text

What requests can be submitted simultaneously with the complaint?

In addition to the petition for restoration of the missed deadline, you can submit along with the complaint:

a request to consider the complaint via video conferencing,
application for deferment of payment of state duty,
a petition to order an examination, request evidence or involve third parties, if you applied for this in the court of first instance and were refused,
a petition for the inclusion of additional evidence that you could not provide in the court of first instance for objective and valid reasons.

When can a complaint be refused?

The list of such reasons is reflected in Article 264 of the Arbitration Procedure Code of the Russian Federation. The authorized body will refuse to engage in the review procedure if the following grounds exist:

the circulation period is missed;
the applicant does not have the right to appeal to a higher court;
a request was made to return the complaint.

The law prohibits challenging a court verdict. Other features are present in a similar order.

Document type: Miscellaneous

To save a sample of this document to your computer, follow the download link.

Document file size: 6.3 kb

Appeal in an arbitration case: assistance from a lawyer

Lawyers at Legal Guaranty have been defending the interests of clients in arbitration disputes in various instances for more than 18 years.

We will professionally prepare all the necessary procedural documents in compliance with the procedure for submitting them to the justice authorities.

We do not have standard solutions - each sample appeal is individual and drawn up in accordance with your situation.

Cost of drawing up an appeal to arbitration

Calculation of the cost of the complaint in your case

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Where to send a complaint

An appeal against a decision of an arbitration court is addressed to the appellate instance, and is filed with the court that made the decision at first instance.

If a citizen does not agree with the decision determined by the arbitration court, the controversial decision, if there are appropriate grounds, can be appealed by filing an appeal. Appeal against the decision of the arbitration court

The current standards of the Arbitration Procedural Code define a number of requirements in relation to the content of the application under consideration, its execution, time of submission, additionally attached documents and other significant nuances. You are invited to familiarize yourself with all the necessary information on the case below.

Sample appeal against a decision of the arbitration court. Download for free

Restoring a missed deadline

Citizens who missed the deadline for filing a complaint under consideration have the opportunity to restore it. To do this, the interested person must apply to the court with a petition.

A maximum of 6 months is given to file a petition from the date of the arbitration court’s rendering of the contested decision. In this case, the citizen must present to the court arguments indicating that the person who missed the deadline has sufficiently valid reasons for this.

The above-mentioned petition can be included in the complaint or submitted in the form of a separate document. For any obligations, the petition and the complaint under consideration are submitted jointly.

Expert opinion

Egorov Viktor Tarasovich

Lawyer with 10 years of experience. Specialization: family law. Recognized legal expert.

If the citizen’s petition is granted, the court will note this in its decision to accept the application for proceedings. If the answer is negative, the court must justify its decision.

A refusal received in relation to a request to renew the deadline is not subject to appeal according to the law. Article 265.

Termination of appeal proceedings