Counterclaim as an institution, acting as a legal instrument, has existed for a long time. In one form or another, it has been used since the advent of legal norms in general. A counterclaim, a sample of which will be presented below, allows you to quickly and effectively restore the rights that have been violated and find the truth within the framework of the proceedings. Next, we consider this concept in more detail. 
Counterclaim in the arbitration process - what is it?
As mentioned above, this tool has existed for a long time and has its own history. Counterclaim is an independent claim. It is stated by the defendant. A counterclaim is one of the remedies that is used in the proceedings. It is considered in conjunction with the initial application. However, it should be noted that such a tool as a counterclaim in the arbitration process, the presentation procedure, the acceptance conditions of which provide for a partial or absolute exclusion of the original claims, are far from always used in practice. The most important issue today is the delimitation of cases in which one or another way of responding to the initial application is applied. In particular, this refers to both a direct counterclaim in the arbitration process, and objections to the original claims. In practice, there is no exact definition of when it is possible to use only one of these methods, and also what are the consequences of their implementation.
Characteristic
The counterclaim in the arbitration process is a special tool with features inherent only to it. In particular, based on its definition, the following can be noted:
- Not every participant in a hearing is entitled to a statement. Counterclaim is a defendant’s tool. Through him, he disputes the initial claims addressed to him.
- There are certain rules under which a counterclaim is used in the arbitration process. The presentation procedure, in particular, allows its application before a decision is made in the case.
- The defendant’s instrument under consideration involves various ways of challenging the claims made against him. This can be a set-off of claims, a partial or full refutation of them, or the filing of another, but related to the subject of the dispute, claim.
Choice of ways
The defendant is provided by law with several procedural steps to protect interests. In the proceedings, he can take advantage of any of them. The most common are counterclaims in the arbitration process and the filing of objections. Each of these techniques has advantages and disadvantages. The choice of a particular instrument depends on the nature of the legal relationship that binds the parties to the case, the goals that the defendant sets for himself in the framework of the dispute, and other things. There are a number of general considerations that should be considered for a defendant choosing a counterclaim in an arbitration process:
- As it says Art. 125 AIC, the court does not have a direct obligation to give an answer to the stated objections to the original application.
- Consideration of the claims of the defendant is carried out if the rules are followed, according to which a counterclaim must be drawn up in the arbitration process, the state duty is paid (and there is a receipt). Moreover, its content should be related to the subject of the dispute. Many do not know how to draw up a counterclaim. A sample application can be found on fact sheets at the courthouse. However, it would be more advisable to seek help from a lawyer.
- A counterclaim in the arbitration process shall be filed at the place of consideration of the initial application in the first instance. As for such an instrument as an “objection”, it can be brought in any instance.
- In accordance with Art. 37 of the APC, the plaintiff may change the grounds or subject of his claim, which, accordingly, applies to the defendant, who submits a counterclaim. In this case, there is a dependence on the selected items and the reasons for the dispute. Simply put, to change the requirements, you need to abandon the former. When using objections, the defendant is not so limited. He has the right to bring new arguments, without abandoning the former. Objections may not be related. Their only common feature will be that they all act as a means of protection for the defendant.
Predisposing circumstances of choice
If the defendant, defending himself from the claims, refers to the absence of any right from the plaintiff, and not to the availability of his own, then the objection is a means. Thus, in response to penalties under a contract considered, in the opinion of the party involved, to be a void transaction, it is not necessary to express your claims in the form of a statement. When considering cases with a void transaction, it is the duty of the court to evaluate the relevant arguments of the defendant. In this case, the plaintiff must refute them. Thus, those circumstances that relate to the nullity of the transaction are included in the subject of evidence. It does not matter how they are formulated - as objections or as a counterclaim in the arbitration process.
An example of the use of the right to ask for the award in favor of the defendant of something (cash, real estate, etc.) is often used in practice. This happens when the involved party declares invalidation of the contract. If the transaction is disputable, then the claim must be presented as counterclaim. Otherwise, the defendant's arguments should not be substantially assessed. This means that the plaintiff does not need to refute them. The defendant may also invoke any right that allows him to ask for recognition or lack of existence between him and the second party of certain legal relations. In this case, both the objection and the counterclaim in the arbitration process can serve as ways to refute claims.
Important point
One of the pressing problems in practice is connected with the discretion of the court in deciding whether to accept a counterclaim for consideration. This moment is regulated by Art. 110 agribusiness. Part 3 indicates the conditions in the presence of one of which a counterclaim must be accepted without fail. In this case, there should be no obstacles provided for in Art. 107 and 108 agribusiness. Art. 106, para. 2 indicates that the judge must accept the application drawn up in accordance with the provisions of the Code. This provision applies to the counterclaim. However, in this case, when drawing up a statement, the defendant must comply not only with the general rules specified in Art. 102 APC, but also those that are prescribed in Art. 110. 
Thus, the decision regarding the adoption of a claim depends on the conditions provided for by law, and not on the discretion of the judicial authority. Nevertheless, in practice there are other approaches. As for set-off suits, they are accepted as counterclaims usually when their claims and claims of the initial applications follow from the grounds, which include the same legal facts. These may be the conditions of one contract. If the claims arise from various grounds, then the judge usually does not accept the claim as counterclaim. This happens when different contracts appear in a case. For example, the plaintiff requires the performance of obligations under one agreement, and the defendant - according to another. Refuting statements occupy a special place. Courts accept them as counterclaims in the most obvious situations. This may be the request of the defendant to recognize the contract, under the terms of which he was involved in the case, invalid.
Case study
A counterclaim may not be set off, may not cause a rejection of the original requirements. His connection with the original claims may have other grounds. Such applications are accepted by the courts as counterclaims in cases where they arise from the same legal relations with the initial requirement, the same facts are present in their grounds. For example, a commercial bank asks to declare a transaction of sale of foreign cash invalid. He acts as a plaintiff. The transaction consisted of selling the currency to the defendant. The plaintiff demands recovery from the involved party. He motivates his request by the fact that the transaction was carried out in conditions of interest. However, the consent of the board of directors was not obtained. The defendant does not dispute the invalidity of the transaction. He brings a counterclaim. The defendant asks to recover from the bank the ruble amount, which he transferred as payment for the currency. He motivates filing a lawsuit as a counterclaim by the fact that his statement is aimed at offsetting the original. However, the bank, objecting, indicates that the claims in this case are heterogeneous. The plaintiff requires the defendant currency, not rubles. In this regard, the claims of the bank cannot be terminated through a set-off. 
At the same time, the bank indicates that the existence of a connection between statements that they are based on legal relations alone is not sufficient for the court to accept the claim as a counterclaim. In addition, in Art. 110 (paragraph 3, part 3) another condition is indicated. In particular, a counterclaim can be accepted if a joint consideration of it with the original one will lead to a more correct and speedy resolution of the case. However, in this situation, the statement of the defendant will not contribute to this. An objectively counterclaim will only delay the proceedings. However, the court may not agree with the arguments of the bank. And as a result, a counterclaim may be accepted with reference to Art. 110, para. 3, p. 3.
Court denial
The grounds are often given the fact that the grounds of the counterclaim (denial or credit) and the original claim are different. In addition, the absence of their relationship with reference to Art. 110, para. 3., para. 3. In legal publications, in addition to the indicated contradictions, other circumstances are mentioned, according to which the court does not accept a counterclaim. First of all, the evidence that the defendant intends to present in the application, he can give on the initial claim without additional clearance. He is also not deprived of the right to make a counter-statement on his own, to file, if necessary, a motion to suspend consideration of an earlier application until the decision on a later claim brought by him comes into force.
The defendant can use the instrument in question at any stage of the proceedings before the court retires to make a decision on the original claim. When filing a counterclaim, many difficulties inevitably arise. In particular, the defendant should be given time to prepare the application, and the court should consider and examine new circumstances. Under these conditions, there is a contradiction with the law providing for a certain period of proceedings. It cannot be suspended or changed in connection with the above circumstances.
Real state of affairs
The opportunity for the defendant to use a counterclaim is only his right. It is not identical with the reality of its inclusion in the proceedings. This is primarily due to the likely depreciation or loss of the subject of the dispute, the statute of limitations. In addition, filing a counterclaim does not eliminate the penalty for the original (with a set-off requirement). 
As regards the conditions for the suspension of proceedings on a previously stated claim, the use of such an instrument constitutes an opportunity for the defendant to deliberately delay the review.So, first he can file an independent claim to declare the contract, which acts as the basis of the initial claim, invalid, due to his own failure to appear, leave it unexamined, and then appeal the court decision.
After that, the defendant can again file a counterclaim in the arbitration process for one reason or another. If during this period consideration is suspended, the refusal of justice regarding the initial application will no longer apply to the defendant. Claims of the plaintiff will not be considered until the involved party has exhausted all its possibilities. Nevertheless, these actions, although not completely excluded, are very complicated by the existing order.
Abandonment or termination of proceedings
These cases are worth considering in a special order. In judicial practice, it often happens that abandonment of the initial claim extends to the counter proceedings against it or terminates the proceedings. The executive body refers to the "compatibility" of the proceedings. In other words, the court substantiates its actions by the direct connection of the two claims. However, despite the fact that the counterclaim has its own specifics, it belongs to the varieties of statements that are provided for by the agro-industrial complex. Consequently, existing general rules apply to it. In particular, to leave without consideration or termination of production must be present the conditions specified in Art. 85, 87. In their absence, these actions cannot be recognized legitimate. 
In this regard, the adoption of a counter statement imposes on the court the obligation to make a decision both on it and on the initial request. If these conditions are not met, the response of the executive body cannot be considered exhaustive, since he evaded consideration of the claims of the defendant.
Counterclaim: Sample
The arbitration tribunal has the right to reject the claim of the defendant if it is not drawn up according to the rules provided for in the agro-industrial complex. There is a certain procedure for filling out a document. The statement below refers to the offset of the initial claim.
At ____________________ Arbitration Court
Claimant: _______________________________
(Full name or name of the defendant
in the original suit)
address: ______________________________,
phone fax: __________,
email post office: ___________________________
Representative: _____________
address: ______________________________,
phone: __________.
Defendant: _____________________________
(Full name or name of the plaintiff
in the original suit)
address: ______________________________,
phone: __________
Initial Settlement Counterclaim
In ____________________ arbitration court, case No. __________ is pending at the request of the defendant (plaintiff in the initial claim) to the plaintiff (defendant in the initial claim) about _________________________.
The application contains a claim for debt collection in the amount of _____ (__________) rubles, based on the following obligations _________________________.
At the same time, the plaintiff (the defendant on the initial application) has a debt in the amount of _____ (__________) rubles. It follows from the following circumstances _________________________. It's confirmed _________________________.
In accordance with the foregoing and guided by Art. Art. 125, 126, 132 of the APC of the Russian Federation, I ask:
recover from the defendant (the plaintiff in the initial suit) the debt in the amount of _____ (__________) rubles, which arises from the following circumstances _________________________, in the manner of offsetting the initial claims.
"__" ___________ ____ g.
Defendant (Representative)
________________________
(signature)
Established circumstances
In accordance with Art. 58, part 2 of the APC, some facts determined in one case, when they are significant in another, do not require re-proof if the same parties are parties to the proceedings. The law does not clearly define whether the circumstances established in another proceeding relate exclusively to the factual basis of a previous decision or whether they also mean the legal qualifications given to them by the court.
