A significant role in reaching consensus between the parties to the dispute is played by various kinds of procedures in the arbitration process. An amicable settlement is generally regarded as one of the remedies. It has its own specifics within the framework of certain relations appearing in various areas of civil circulation. Next, we consider in more detail what constitutes a settlement in the arbitration process. Samples of documents will also be presented in the article. 
General information
It will not be entirely true to consider a settlement as a normal civil transaction provided for Art. 153 GK. The discrepancy is primarily manifested in reality. Thus, the reality of civil law transactions is determined by civil law, and a settlement by a procedural law.
a brief description of
The settlement in the arbitration process, the conclusion of which is carried out in accordance with the requirements of the law, refers to administrative actions. Like any other similar act, it is under the control of the authority authorized to consider such cases. The latter must check whether the settlement agreement submitted by the parties is in accordance with law or other standards. AT arbitration process as, however, in other legal proceedings, the interests and freedoms of the participants in the case should not be infringed. Taking part in the drafting of this agreement, the authorized body must explain to the participants all the consequences, approve it or refuse to accept it. 
Controversial moment
At the legislative level, a rule has traditionally been established on the possibility of using a settlement agreement as an option for resolving a conflict. In the arbitration process, this is permissible at any stage. Meanwhile, this situation in practice often causes a number of difficulties. The difficulties are due to the lack of an appropriate stage in the process.
Executive production
Any stage in the arbitration process begins with an appropriate determination. In this case, enforcement proceedings are not an exception. This stage begins from the moment when the relevant bailiff decree is issued. The question regarding the possibility of using the settlement agreement in the arbitration process during the period when the decision of the authorized body comes into force or after that if the writ of execution has not been submitted for execution has not been resolved unambiguously. 
Specificity
Drawing up an agreement as part of the enforcement proceedings phase has a number of features. First of all, it should be noted the specifics of the subject composition. The bailiff acts as one of the participants in the enforcement proceedings. If there has been a settlement at the arbitration court after the period for voluntary execution has expired, the debtor is obligated to pay the performance fee. Also, this circumstance does not save the defendant from paying the fines imposed by the bailiff's order, reimbursement of expenses for the latter to complete the actions that ensure the implementation of the decision of the authorized body. 
Drawing up procedure
The settlement agreement in the arbitration process, the form of which must be written, drawn up as part of the enforcement proceedings stage, which was instituted in accordance with the writ of execution, is approved by the definition. In this case, the procedure is the same for transactions of a civil law type. We are talking about the principles of equality and voluntariness of the will of the parties. The same goes for amicable settlement agreements. Only in this case the corresponding factor is included in the course of the stage.A person signing an amicable agreement in the arbitration process on the part of the administrative instance shall, except the will, have an appropriate decision serving as the basis for this action. 
Main conditions
The agreement may be concluded in any case, except those related to the establishment of facts of any legal value. This tool can be used directly by the parties - participants in the case, as well as a third party who makes independent claims regarding the subject of the dispute. In this case, the latter is vested with all the rights of the plaintiff.
All other persons, the prosecutor and others who do not state independent claims, cannot participate in a settlement. At the same time, the agro-industrial complex does not prohibit the involvement of legal entities and citizens who can take on any obligations for themselves (for example, to pay the plaintiff a sum of money), and also act as guarantors or guarantors. However, the main parties in this case remain the defendant and the plaintiff. In this case, the first assumes basic obligations. 
Allowed Stages
“World” can be concluded at any stage of the proceedings: during the preparation, trial, appeal and cassation. An exception is the stage of direct production initiation. After a decision has been taken, an agreement cannot be concluded if the claimant has not submitted a writ of execution for execution, that is, the arbitration process itself has ended and the implementation of the decision has not begun. In this case, the contract between the parties will act as a normal transaction. It is not subject to approval by the AU.
Settlement (arbitration process): sample
The conditions stipulated by the contract shall not infringe upon the interests and freedoms of not only the parties to the dispute, but also of other persons, and also contradict the norms of law. So, for example, an amicable agreement is signed with the defendant-guarantor, whose obligations have ceased due to the expiration of the term. Its essence may be the performance by the defendant of his duties as a guarantor. In this case, the authorized body should not approve it, unless the parties have previously concluded a new surety agreement or extended the previous one. This is due to the fact that the defendant has terminated his duty, and the plaintiff does not have a subjective right. 
Approval Rules
An amicable settlement is empowered only if there is an appropriate definition. If the document was not submitted for approval or the authorized body refused the parties, then it acquires the status of an ordinary contract. There are certain rules in the agro-industrial complex:
- The approval of amicable agreements is carried out by the arbitration body in which the cases are pending: by the court of appeal, cassation and first instance, respectively. Only the latter accepts the contract drawn up at the enforcement stage. The issue regarding the approval of the agreement in this case shall be considered for no more than a month from the date of receipt of the relevant application.
- The factual proceedings are carried out directly at the meeting. This can be a preliminary, main or specially appointed hearing.
- In the absence of participants, consideration of the issue of approval of a settlement agreement is allowed only if there are statements from the parties that the case should be considered without their direct participation.
Definition
In accordance with the results of consideration of the agreement, a decision is made to approve or refuse to accept it. In the first case, further proceedings lose their meaning, and therefore the proceedings are terminated. In case of refusal of approval by the court, the case is examined on the merits. A number of publications expressed the view that the determination regarding the termination of production should be made as a separate act.However, in practice, both decisions - on the completion of the proceedings and on the approval of the agreement - are included in one document. 
Appeal
Challenging the decision on refusal is carried out in a general manner. Decisions to terminate proceedings as a result of the approval of an amicable settlement, as a rule, cannot be appealed. However, the agro-industrial complex provided such an opportunity. So, the determination can be challenged by third parties, the prosecutor (if involved), as well as the parties to the dispute if they change their position. The decision to approve the settlement agreement provides for immediate execution and cannot be appealed to the appeals body. He can be challenged for a month in the arbitration court of cassation.
