The arbitral tribunal is that instance by which any citizen can resolve a dispute with the other party. However, his decisions are not always fair. Naturally, in this case you can not stop and you must file a complaint. What it is and how it should be designed, you will learn further.
Definition of key terms
So, the arbitration court is a specific instance that examines the legality of the sentencing, reviews cases that have already entered into force. She can drastically change the course of the matter and even make a decision on the annulment of the sentence, but for this it is necessary to really prove the incorrectness of the decision.
An appeal is a petition with which a plaintiff appeals to a mediation state body to resolve a dispute. It is filed if one of the parties considers the previous decision to be wrong or illegal. It should be noted that the arbitration court will not accept new evidence.
Who has the right to file an application
The appeal against the decision of the arbitral tribunal is a specific document that must be properly written. A limited circle of persons may submit it:
- Those who participated in the case from the very beginning. That is, the application is submitted by the plaintiff, the victim or their representatives (lawyers).
- All persons whose interests or rights have somehow been violated, although they themselves are not involved in the process.
- Other citizens provided by law.
- Arbitration Lawyer.
It must be borne in mind that the appeal against the decision of the arbitral tribunal is a complex document and it is up to the specialist to deal with it.
What information should the document contain
So, during the design you should remember about these nuances:
- The correct name of the court, the exact details of the plaintiff and defendant.
- The name of the authority that issued the preliminary decision.
- The number of the case, which was considered by the court earlier.
- The requirements that the plaintiff makes. Moreover, they should be reasoned and supported by legal norms.
- All circumstances of the case. Indicate information should be very detailed.
- List of documents to be submitted to the court.
- Contact details, date and signature of the applicant.
Please note that if the appeal against the decision of the arbitration court is not motivated, then it will not even be accepted. If the case has already been considered in the first instance, then she sends all the materials to a higher authority.
In which case the request is revoked
The presented document is important enough for a person who is trying to restore his rights. However, the person may refuse to withdraw the appeal or withdraw it. In this case, everything should be done in writing.
To take such a step means to agree with the decision that was made regarding you. If you think that you can not achieve the truth, then do not give up. Perhaps filing a complaint will change the situation.
If the refusal is accepted by the court, then the proceedings simply cease. Please note that if you still want to file a complaint, you should do this within a month after the arbitration court of first instance will make his decision.
Terms and features of consideration of the document
Keep in mind that everything should be done on time. However, if the appeal against the decision of the arbitral tribunal was filed later than the deadline, then it can be reviewed.However, there is a peculiarity here: it is necessary to submit a petition no later than six months. At the same time, the reasons for which the deadline was missed must be respectful: the applicant’s serious illness and others.
The appeal, a sample of which you can observe in the article, has a number of features. For example, in it you cannot state any new facts or requirements if they were not examined by the court of first instance.
An appeal to the court must be written. Naturally, to consider the case, the document must be registered with the administration. About this you must issue an appropriate receipt. You can send an application with all other documents by registered mail. However, it is better to do it personally.
Please note that all papers must be submitted with certified copies. Moreover, there should be exactly as many people as are involved in the process. Application deadline may be increased or reduced. It all depends on the type of case that will be considered, as well as various nuances provided for by applicable law.
Complaint Sequence
Now we’ll take a closer look at the procedure itself. So, what the appeal should look like (a sample of it you can see below). Serve it as follows:
- First, all the necessary documents are collected, which you will attach to the complaint. If you are not going to submit them personally, then your representative should have a power of attorney to represent your interests.
- Now you need to correctly fill out the sample, in compliance with all necessary requirements. The slightest mistake can lead to the fact that the consideration of the complaint will be terminated.
- Within the specified period, you need to send all the prepared papers to the arbitration court through the body of the first instance that made the decision. You can do this by mail or in person. In the office your document is registered.
- At this stage, you will be given the date and time of your case.
- In order for the complaint to be considered, it is necessary to pay the state fee.
So, an appeal against a decision or ruling of an arbitration court is a document that must be carefully checked before filing. Please note that you should not be late with the execution of the petition. However, depending on the circumstances, as well as the features of the decision of the first instance, the term of the appeal may be changed. It should be noted that some decisions can only be appealed to court of cassation.
Who is an arbitration lawyer
This is a specialist who knows all aspects of the legal system, has fairly broad powers, and can also most effectively protect the rights of the party filing a complaint. Its activities are controlled by a college of lawyers. A specialist of this level should be well versed in almost all branches of law, the arbitration process, as well as psychology and conflict resolution.
It should be noted that he has the right to participate in the process at any stage. For example, at the stage of filing an appeal or cassation, for circumstances that have reopened during the execution of a court decision.
What are the consequences of an appeal?
A feature of this procedure is that it can be used to suspend the execution of a sentence. Although here the law provides for its exceptions.
You have the right to file an additional appeal. It is considered within 5 days before the start of the court session.
Basically, you learned how to file an appeal. However, during its preparation, it is imperative to double-check all documents and substantiate all evidence. If you are not confident in your legal knowledge, entrust the preparation to a specialist who will not miss a single detail. The future decision depends on its accuracy and professionalism.