Third party in the arbitration process: concept and rules of participation

The arbitration process should be understood as a type of judicial activity, which is regulated by the rules of the agro-industrial complex. The legislation establishes a certain sequence of procedures carried out in the framework of the proceedings in a particular case.

Main signs

Among the distinguishing features of the system, it is necessary to distinguish the following:

1. The arbitration court acts as one of the subjects.
2. The actions that are performed as part of the production are legal in nature and are regulated by the agro-industrial complex.
3. The object of the process is disputes, subordinate to the arbitration court.

The system under consideration includes a specific set of actions. In accordance with the procedural purpose of their commission and their content, they form the stages of the arbitration proceedings.

Specificity

Participants in the process can only carry out actions that are established by law. Regulations are clearly regulated:

1. The procedure for handling requirements.
2. Acceptance and preparation of materials for the hearing.
3. Rules in accordance with which the proceedings and resolution of the case.
4. Rules for review of decisions.
5. The order of execution of decisions.

The relations arising between the parties to the production cannot be factual, but only legal. The considered form of legal proceedings provides the subjects with the same opportunities to exercise their defense, provide evidence, use legal assistance, challenge decisions, etc.

Regulatory methods

The significance of the arbitration process lies in the fact that, in strict compliance with the requirements established by law, this form of legal procedure guarantees the protection and restoration of their rights and interests to interested parties. As in any other legal industry, within the framework of the system in question, a complex of legal means is used that have a regulatory impact on public relations. Procedural methods in the process include imperative elements. This means that the standards used in the production ensure the special status of the court, vesting it with powers to control the behavior of the subjects, and also determine the procedure for the hearing of cases. Along with this, dispositive elements are also present in the system. They consist in the equality of participants, guarantees for the implementation of their legal capabilities.

Tasks

The main functions of the considered form of legal proceedings are:

1. Protection of disputed or violated interests of entities engaged in commercial or other economic activities, including the state, regions, municipalities, state authorities, local self-government, other structures, as well as officials involved in economic relations.
2. Ensuring access to justice for everyone.
3. A fair, public hearing within the time frame specified by law by an independent and impartial body.
4. Prevention of violations in the field of economic activity, strengthening the rule of law.
5. Formation of conditions for the development of a respectful attitude to legal norms and the court.
6. Assistance in the establishment and improvement of partnership business relations, the development of ethics and customs in the framework of economic interaction of entities.

The protection of violated (infringed) interests and rights of citizens and legal entities in the field of entrepreneurship and other economic activities is the main task of the arbitration process. It is specified in relation to each dispute and is implemented at all stages prescribed by law, but, first of all, in the decision of the first instance. It is this decision, in fact, that protects the interests of the direct participants in the process, as well as third parties who state independent claims on the subject of the proceedings. If the claim is fully satisfied, the plaintiff wins. The decision restores his rights, challenged or violated by the defendant. In case of refusal to satisfy the application, the plaintiff loses. The rights of the defendant are restored in connection with the insolvency of the claims against him. The law also provides for partial satisfaction of the claim of the party presenting it.

Third parties in the arbitration process

They belong to the same group of subjects as the defendant and the plaintiff. Their legal status is characterized by the fact that they have a certain interest in the outcome of the proceedings. The agro-industrial complex defines the types of third parties in arbitration process. They may be claiming or not claiming independent claims. Separating in this way the concept of third parties in the arbitration process, the legislation indicates the presence of material and legal interest in the outcome of the case.

Characteristic

The common features possessed by third parties in the civil arbitration process of the above categories include the fact of entry into the proceedings initiated by other entities. Unlike the defendant and the plaintiff, they are never initiators of legal proceedings. In this regard, the participation of third parties in the arbitration process begins after the formation of the initial material conflictual relationship. Meanwhile, the presence of these entities is assumed in the dispute. As some experts note, a third party in the arbitration process of any of the above categories has an interest that is associated with the mandatory nature of the court decision. It, in turn, takes place only if these entities are involved in the proceedings.

Legal Opportunities

Legislation defines the most important rights of third parties. In the arbitration process, they can defend their interests in another proceeding by contesting the facts that are established in the court decision if they were not involved in the proceedings. Such an order is determined by the fact that the binding nature of the resolution does not concern interests and legal possibilities not considered at the meetings. Prejudice applies exclusively to the subjects attending the hearing. This provision is enshrined in Art. 69 agribusiness. The involvement of a third party in the arbitration process of a specific economic dispute significantly contributes to the speedy and proper trial and resolution of the case. The decision that is made in this case more fully protects the interests of the subjects.

Subject Categories

A third party in the arbitration process, declaring independent claims on the subject of the dispute, enters the proceedings because he considers himself, and not the defendant or the plaintiff, its owner. It protects its interests in production. Such a third party disputes the claims made by the plaintiff. That is, claims are sent to him first. A third party in the arbitration process that does not raise claims shall act together with the plaintiff or defendant. He is involved in the production because the decision that will be made may affect his duties or interests in the framework of relations with one of the subjects of the dispute. Such a situation may be due to recourse or other circumstances.From the above, we can derive the following definition. The third party in the arbitration process is the alleged subject of material relations interconnected with the subject of the dispute, entering into legal proceedings initiated by the initial defendant and plaintiff to protect their own interests.

Reasons for engaging

Of particular importance in the subject under consideration are circumstances in accordance with which a third party can be involved. In the arbitration process, the involvement of this subject is connected with the subject of the proceedings. They are a specific material object, regarding which a dispute arose between the defendant and the plaintiff. For example, it can be cash, things, copyrights and so on. As a criterion by which the admission of entities with independent requirements for legal proceedings is made, a legal relationship with the subject of the dispute is made. According to Art. 50, part 1 of the agro-industrial complex, their use is provided before a court decision is made in the first instance. Within the meaning of this rule, third parties who state independent claims enter the process on their own initiative. This is done by drawing up a statement of claim in compliance with all the requirements established in the agro-industrial complex. It follows that the subject who wants to enter into the dispute initiated by the defendant and the plaintiff must have the appropriate legal capabilities and comply with the procedure established by law.

Differentiation problems

Of practical importance is the issue of delimiting third parties who present independent claims from co-workers. The first always enter into the proceedings already begun. The independent claims that they make arise from other or similar grounds, but not the same as the plaintiff. Claims of third parties always partially or completely exclude the originally stated requirements. The plaintiff and the person who initiates the proceedings that have begun are the alleged entities of different material legal relations, despite the fact that they arose on one subject. Co-workers, in turn, are the alleged sides of one complex or several essentially similar processes. The claims they make are not mutually exclusive.

Circumstances of admission of entities without claims

The participation of such persons in the process is regulated Art. 51 Agribusiness. In accordance with the norm, subjects can enter the proceedings on their own or at the initiative of the defendant / plaintiff or court. In this case, there is a more indirect connection of the third party with the original participants in the process. The need for admission of subjects to legal proceedings may be due to various reasons. First of all, protection from the probable upcoming recourse claim may be required. In addition, a situation is possible where the decision of a state agency (defendant) in favor of a company (external entity) violates legitimate interests another enterprise (plaintiff). In some cases, the law explicitly provides for a provision obliging third parties to enter the process. So, according to Art. 462 of the Civil Code, if the subject files a claim against the buyer of the goods on the grounds that arose prior to the fulfillment of the contract of sale, the latter is obliged to involve the seller in legal proceedings, and he, in turn, must act on the side of the acquirer.

Key principles

Specialists offer a number of criteria for admission to the proceedings:

1. The presence of the alleged third party certain legal relations with any of the parties to the dispute.
2. The relationship of this interaction with the conflict before the court.
3. The instance has an answer to the question about the direct impact of the decision on the duties and legal capabilities of the entity entering into proceedings with respect to the plaintiff or defendant.

Conclusion

The legislation establishes a specific procedure in accordance with which a third party is involved in the arbitration process. A sample application includes mandatory details, a description of the circumstances on the basis of which a new entity should be introduced into the case. Moreover, he is notified of the need to attend the meeting in the prescribed manner. An explanation of a third party in the arbitration process (a sample of this document is not regulated by law, therefore it can be compiled in a free form with the obligatory details) can be essential for the court to make an objective decision. The inclusion of a new subject in the proceedings contributes to a faster and more comprehensive review. economic disputes.