Appeal complaint against arbitral tribunal: sample

According to statistics, the most common type of protest on court decisions is their appeal. According to the rules of the procedural legislation of Russia, such a role of "mediators", evaluating the adopted definitions of the courts of first instance on disputes related to economic activities, is entrusted with arbitration appellate courts. In the course of these processes, cases are considered, solutions for which they did not enter into legal force. An important step in challenging the verdict in arbitration is the competent compile complaint, the sample of which will consider in this article.

1

Norms of law

The purpose of any appeal is to challenge the unlawful definition of "Femids". At the same time, arbitration courts act as "defenders", which check for the correctness and justice of adopted and appealed by the rulings. In such instances, there are conflicts only with the participation of entrepreneurs and enterprises. Their right to appeal objection is fixed article 257 of the Arbitration Procedure Code of the Russian Federation (hereinafter - the APC RF).

2

Timing

The norms established for appeal in the arbitral process are almost identical to the rules in civil proceedings. Thus, a procedural period under consideration is reserved - 30 days from the date of the announcement of the decision on the case, as well as for the civil procedure ( st. 259 APC). It happens, in view of good reasons, the appellants misses the appeal period, then it needs to be restored by the petition submitted to the judge.

Petition to restore the missed deadline here.

Petition for the restoration of the missed deadline (filled sample) here.

3

Requirements for complaints

The content and form of an appeal against arbitration presented the formal conditions described in article 260 of the APC RF. According to them, the structure of such a procedural document should consist of four parts:

1. Input;
2. Descriptive;
3. Motivative;
4. Resolution.

Consider more detailed how to issue every paragraph.

4

Introductory block

Here subject so called hat applications. In it, specify the following information:

1. The name of the arbitral tribunal.
2. Name judicial organ, across which the transfer complaint.
3. Applicant details:
   • Brand name of a commercial organization or individual entrepreneur nameman (IP).
   • Legal address of the enterprise / IP.
   • Telephone.
4. Respondent data.
5. Information about all participants in the process.
6. The subject of the dispute (the number of the applied ruling).
7. The amount of state duty paid.

5

Descriptive block

This part is always preceded by the name of the document. Therefore, in the center of the sheet, write "Appeals Complaint" and briefly indicate the controversial data. For example, "on the decision of the Arbitration Court of the Kaliningrad Region dated 01.01.2001 in case No. 1." Then describe the details of the process considered in the first instance. Namely, the situation of the dispute and the decision made on it, as well as all the circumstances relating to the case.

6

Motivating block

In this paragraph, specify the following data:

• grounds, relying on which the decree is disputed;
• legal assessment to their arguments;
• links to the norms of the law.

Important: The motivation part should contain a detailed legal assessment of violations made in the arbitration of first instance.

7

Resolving unit

In the final part, set out their requirements and requests. The main thing is that they all fall under the powers of "Femids", which is considering a controversial matter. You can consider their compliance by contacting article 269 of the APC RF. Learn below position the list of attached documents. Put the date and own signature.

8

Nuances of decoration

In addition, the following "conventions" must be performed:

• The complaint is issued in writing or printed form.
• Orphographic and syntactic errors are not allowed.
• Copies Claims must be provided to all persons participating in the case.

Otherwise, revealing gross violations in appeal, the other side of the process may apply to it. So that such a desire does not arise, make a document, adhering to samples on our website.

Download from us:

• Appeal complaint;
• An example of appeal in the arbitration process;
• Court definition appeal;
• Sample Court of Appeal;
• Typical appeal objection;
• An example of an appeal objection.

It is worth noting that the complaint is filed through the Arbitration Court of First Instance, which considered the case. Within three days, it will be transferred to the appellate arbitration court.