Stages of the arbitration process, Types of proceedings...

Stages of arbitration process

The arbitration process is a set of procedural actions, regulated by the rules of arbitration procedural law in a particular system. The stage of the arbitration process refers to the "movement" business. The purpose of the proceedings can be achieved if, as a result of procedural actions, the necessary conditions are created to move the case from one stage to another.

Thus, the stage of the arbitration process is a set of procedural actions in a specific civil case aimed at achieving any goal of arbitration proceedings. For example, to initiate a civil case in an arbitration court, to resolve a dispute on the merits, to verify the correctness of the decision taken in appellate order, etc.

The arbitration process consists of the following stages:

1) the initiation of proceedings in the case;

2) preparation of case materials for trial;

3) litigation;

4) production in the appellate instance;

5) production in cassation instance; production by way of supervision; review of new or newly discovered circumstances of judicial acts of the arbitration court that have entered into force;

6) proceedings in cases related to the execution of judicial acts of arbitration courts.

Passage of the case for all stages of the arbitration process is determined by virtue of disposability of the persons interested in substantive law (participants in arbitration proceedings) in this case.

In turn, each stage of the arbitration process is divided into three stages: 1) the initiation of proceedings in an appropriate stage, 2) the preparation for consideration and 3) the resolution of it in an appropriate stage.

However, from the stages in the civil process it is necessary to distinguish procedural "institutions", which have nothing to do with the movement of the case. They can be, for example, institutes for securing the claim, tapping and self-withdrawal, etc.

Types of proceedings in arbitration

By analogy with civil proceedings, the arbitration process is conducted as a general lawsuit in which the bulk of disputed civil cases are resolved, as well as special proceedings, according to the rules of which cases are resolved on establishing legal facts, as well as cases arising from administrative and other public legal relations.

In the order of the proceedings, the main number of cases of economic (economic) nature subordinated to arbitration courts is examined. The proceedings are initiated by presenting (filing) a claim in the arbitration court by the plaintiff to the respondent for resolving the merits of the dispute over the law.

Not only disputes from relations of civil turnover, but also arising from administrative and other public legal relations (for example, on "abstract" and "specific" normative control (challenging normative and non-normative legal acts affecting rights and legal interests of the applicant in the field of entrepreneurial and other economic activities), the legality of bringing to administrative responsibility, etc.), which are examined with some exceptions under the general rules proceedings.

In this case, within the scope of the proceedings, a set of procedural rules regulating the procedure for resolving insolvency (bankruptcy) cases of legal entities is allocated to a separate institution.

In the order of a special proceeding, cases in which there is no dispute about the violated or disputed right are resolved: only the issue of establishing a legal fact is placed on the court's permission. Such cases are initiated by filing an application and have a feature on the subject composition - the absence of a direct defendant and the involvement of interested persons in the litigation.

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