As a result of studying Ch. 11 students must:
• the concept, purpose and types of procedural terms;
be able to
• Apply the experience of international and United States judicial practice in arbitration proceedings;
• The skills of applying modern legal tools to solve practical problems.
The notion of procedural terms
In United States arbitration proceedings, the violated rights of citizens and organizations must be quickly restored, otherwise their social and legal value will be lost. Therefore, in order to ensure rapid legal protection, the law establishes the time limits for applying to a court, the so-called statute of limitations, beyond which judicial protection of subjective rights is not possible. For the same purpose, simple procedures for the protection of rights in the form of a claim production and arbitration proceedings have been created. In this same row is the institution of procedural terms.
In the arbitration process, procedural term means a reasonable period of time for the courts, persons participating in the case and other participants in the proceedings to perform any procedural actions determined by the arbitration procedural law.
Procedural terms regulate the urgency of the procedural activity of subjects of arbitration proceedings, and their binding is provided by various arbitration procedural sanctions.
The function of procedural deadlines is that they create the optimal time regime for the administration of justice: on the one hand, accelerate the proceedings, and on the other hand, they counteract the haste in the implementation of procedural rights and duties, because the purpose of justice is timeliness, but not the speed of consideration and resolution of the case.
Procedural actions are committed within the timeframe set forth in Ch. 10 of the AIC or other federal laws, and in cases where procedural terms have not been established, they are appointed by the arbitration court. The persons participating in the case lose their right to perform procedural actions with the expiry of the procedural terms established by the agrarian and industrial complex or other federal law or by the arbitration court.
The applications, complaints and other documents filed after the expiry of the procedural terms, if there is no application for the restoration or extension of the missed deadlines, shall not be considered by the arbitration court and returned to the persons to whom they were submitted.
The timing of the procedural actions are determined by the exact calendar date, an indication of an event that must necessarily occur, or a period during which the action can be committed.
Calculation of procedural terms. Procedural terms are calculated in years, months and days. In terms of days, the non-working days are not included. The course of the procedural period, calculated in years, months or days, begins on the day after the calendar date or the day of the event, which determines the beginning of the procedural period.
Termination of procedural terms. The procedural period, calculated in years, expires in the relevant month and the number of the last year of the established period, calculated in months - in the corresponding number of the last month of the established period. If the end of the procedural period, calculated in months, falls on a month that does not have the corresponding number, the deadline expires on the last day of this month.
The procedural period, calculated in days, expires on the last day of the established term. In cases where the last day of the procedural period falls on a non-working day, the day of the end of the term shall be the first working day following it. The procedural action, for the fulfillment of which the deadline is established, can be fulfilled until 24 hours of the last day of the established term.
If the application, complaint, other documents or sums of money have been submitted to the post office, transferred or submitted to the authority or the authorized person to receive them before the 24th day of the last day of the procedural period, the term is not considered to be missed.
If the procedural action is to be committed directly in the arbitration court or other organization, the time expires at the hour when the working day ends in this court or this organization or the corresponding operations are terminated according to the established rules (Article 114 of the APC).
Suspension of procedural terms. The flow of all unexpired procedural terms is suspended simultaneously with the suspension of proceedings in the case (Article 116 of the APK). From the day of resumption of proceedings on the case, the process of procedural terms continues.
Recovery of procedural terms
The procedural period is subject to restoration at the request of the person participating in the case (Article 117 of the APC). However, the arbitral tribunal reinstates the missed procedural period if it recognizes the reasons for the omission to be valid and if the envisaged Art. 259 and 276 of the APC the maximum allowable time for their recovery.
At the petition of the person who filed the complaint, the missed period for filing an appeal may be restored by the arbitration court of the appellate instance provided that the application is submitted not later than six months from the date of the decision and the arbitration court recognizes the reasons for missing the deadline.
The cassation complaint can be filed within a period not exceeding two months from the date of entry into force of the appealed decisions, the decision of the arbitration court.
At the petition of the person who filed the cassation complaint, the missed period for filing a cassation complaint can be restored by the arbitration court of the cassation instance, provided that the application is submitted not later than six months after the enacted judicial certificate enters into legal force and the arbitration court of the cassation instance admits the reasons miss dates are valid.
An application for restoring a missed procedural deadline is submitted to the arbitration court, in which procedural action is to be committed. Simultaneously with the filing of the petition, the necessary procedural actions are taken (application, complaint, documents are submitted, etc.), for which the term is missed (Article 117 of the APC).
An application for restoring a missed procedural period shall be considered within five days from the date of its receipt to the arbitration court in a court session without informing the persons participating in the case. The restoration of a missed procedural period by the arbitral tribunal shall be indicated in the relevant judicial act. On refusal to restore a missed procedural period, the arbitral tribunal shall issue a ruling that may be appealed.Prolongation of procedural terms. The procedural terms appointed by the arbitration court may be extended by them upon the application of the person participating in the case (Article 118 of the APC).
The determination of the arbitral tribunal to refuse to extend the procedural deadline assigned to it can also be appealed.
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