Power of attorney for representation in an arbitration tribunal

Jan, 13 2021

Contents:

Arbitration tribunals consider disputes related to business and economic activities. The parties in this case, as a rule, are commercial organisations, individual entrepreneurs, business leaders and responsible specialists. However, most companies do not have lawyers on staff, so they need to hire a lawyer if a dispute arises.

To participate in the court hearing, a power of attorney with the powers of a representative in an arbitration tribunal must be granted to the selected lawyer. Only the main document gives the lawyer the opportunity to act on your behalf and protect your interests.

Registration of a power of attorney for representation in an arbitration tribunal

As a rule, a citizen must certify a power of attorney with a notary to represent his/her interests in an arbitration tribunal. The cases from Paragraph 2 of Article 185.1 of the Civil Code of the Russian Federation (power of attorney of military personnel, etc.) are the exception. At the same time, organisations can issue power of attorney in a simple written form. An individual entrepreneur can also sign a power of attorney and seal it. Otherwise, he/she must issue a power of attorney notarised.

Types of powers of attorney for representation in an arbitration tribunal

Power of attorney can be divided into two types: some allow you to perform certain categories of actions without restrictions, and others are valid for one occasion. The first type of documents is called general. However, even they require a separate discussion of some lawyers’ actions. For example, such an action may be the achievement of a settlement agreement or the case transfer to the arbitral tribunal.

Content of the power of attorney

In drawing up document procedure it is customary to adhere to a certain structure. First, you indicate who authorises whom. In other words, you write the surname, first name, patronymic and passport data or the name, TIN, PSRN and the basis of the powers of the signatory (for a legal entity) of the trustee and representative. Then you write specific powers (types of actions) that the representative can implement.

As a rule, a representative has the right to perform all legal proceedings on behalf of the person he/she represents. The exception is the powers that must be specified separately. Otherwise, the representative will not be authorised to perform such actions.

The representative rights that must be specified separately:

  • money or property receipt awarded as a result of a case review;
  • signing of a claim, revocation, application for securing a claim, appeal of a judicial act;
  • application for review of judicial acts based on new circumstances;
  • withdrawal of claims and claim recognition, in whole or in part;
  • transfer of representative powers to other persons;
  • settlement agreement conclusion with opponents;
  • changes to the subject and cause of action;
  • case transfer to the arbitral tribunal.

It is also worth remembering that the delegation of powers is always issued notarised.

Special attention should be paid to the block of powers for participation in bankruptcy cases. It is mandatory to include it in the power of attorney. Moreover, even minimal participation in the documents requires a separate indication: in a separate dispute, at a meeting of creditors, etc.

First, it is necessary to indicate that the representative has the right to be a representative in a bankruptcy case. Secondly, it is necessary to specify that the representative can exercise all the powers of a participant in the bankruptcy proceedings in all competent authorities on the entire range of issues.

Sample text in this case will look as follows: ‘Represent the interests of the Company/Society as a creditor of organisations and citizens in the process of their insolvency (bankruptcy) or liquidation, in public authorities and administration, in arbitration tribunals, in self-regulatory organisations of bankruptcy commissioners, in all organisations and institutions, to the debtor, as well as at creditors’ meetings and in creditor’s committee with full rights granted to the creditor by the Civil Code of the Russian Federation and Federal law on insolvency (bankruptcy) including the rights to:

  • presentation of the creditor claims to the debtor;
  • obtaining all necessary documents and information on the issues included in the agenda of the creditors’ meeting and the creditors’ committee;
  • putting forward proposals on the procedure for holding of the creditors’ meeting and the creditors’ committee as well as on a voting procedure at the creditors’ meeting and at meetings of a creditors’ committee;
  • participation in the discussion of all issues included in the agenda of the creditors’ meeting and the creditors’ committee;
  • nominating candidates for administrative, temporary and bankruptcy administrators, members of the creditors’ committee, chairman of the creditors’ committee;
  • voting on all issues attributed by law to the competence of the creditors’ meeting and the creditors’ committee, as well as on other issues that may arise during the creditors ‘meeting and the creditors’ committee meeting;
  • appeals against the actions (omissions) of the participants in the bankruptcy proceedings, the insolvency officer and third parties involved by him/her, objections on issues considered by the insolvency officer within his/her competence, as well as the arbitration tribunal’.

In conclusion, indicate the possibility of the delegation of powers and the validity period of the power of attorney.

Power of attorney for representation in an arbitration tribunal: validity period

Unless otherwise specified in the text of the power of attorney, it is valid for one year. However, the law sets the maximum possible period of the document validity at 3 years, so you cannot specify an arbitrary period in the text. You need to re-sign the power of attorney if there is the need for the law services after this period.

Author of the article
Power of attorney for representation in an arbitration tribunal
Valentina Khlavich
Managing Partner
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