Legal representation in arbitration
Representation in an arbitration court is a procedure that allows a third party to protect the rights and interests of participants in the judicial process. An important condition is that the representative who acts on behalf of the principal should not be a direct participant in the court, i.e. he should not be an interested person. Therefore, most often the interests of their clients are represented by experienced lawyers/lawyers who know the relevant section of the legislation well.
F.A.Q.
A capable person with executed and confirmed powers may act as a representative in the arbitration court.
To represent the interests of a legal entity, an individual entrepreneur or a citizen, it is necessary to be a lawyer, have a higher legal education or an academic degree in a legal specialty.
The parties in such a process are the plaintiff and the defendant, and only in cases of claim proceedings initiated by the arbitration court on the basis of a claim against the defendant on behalf of the plaintiff.
Since 2019, representation in an arbitration court can only be carried out by persons with a legal education that lawyers and other lawyers have.
Judges, assistant judges, investigators, prosecutors and other employees of the court apparatus may not be representatives in the arbitration court. An exception is the case if they are representatives of the authorities.
The Arbitration Court sends a court notice to the legal entity at its address. If a legal entity has requested to send notices to a different address, the court sends a notice to it as well.
It is considered that the defendant has been duly notified if the notice has been handed to him personally. Or the notice was handed to an adult citizen living together with the defendant. In this case, the recipient signs the delivery notice, which is returned to the arbitration court.
Persons taking part in the arbitration court are summoned to court by means of a registered letter with a notice. It is also permissible to notify by court summons, by phone or fax.
Yes, a lawyer representing a person in an arbitration court can collect information and documents, certificates, etc. in any instances. Including in government agencies, which in turn cannot refuse to provide the necessary information to a lawyer.
Yes, a lawyer does not have the right to disclose information that he learned during the conduct of the arbitration process as a result of providing legal assistance.
The following documents may be required for registration of attorney’s powers in the arbitration court: a warrant or power of attorney and a lawyer’s certificate to confirm professional qualifications.
What cases are subject to arbitration?
Arbitration courts settle economic and other disputes involving companies and individual entrepreneurs. In particular, arbitration courts deal with:
- Disputes arising from violations of contract terms;
- Tax disputes;
- Corporate disputes;
- Disputes related to deals concluded between business entities;
- Deprivation/recognition of property rights;
- Protection of the business reputation of a business entity;
- Refusal of state registration, reorganisation and liquidation of business entities;
- Insolvency (bankruptcy);
- Other disputes arising from the economic and entrepreneurial activities of business entities and individual entrepreneurs.
Representation services in the arbitration court: price list
The Civil Code of the Russian Federation allows you to represent your interests in court both personally and through an authorized person. Why is it important to entrust the protection of your own rights to a qualified representative? The court may not recognize the powers of the representative if he does not meet a number of requirements. Therefore, it is better not to take risks and hire an experienced lawyer /lawyer. The cost of a lawyer’s services in the arbitration court can be found by contact numbers or through the feedback form.
What is included in the list of services for the protection of interests in arbitration:
- legal analysis and strategy development;
- pre-trial settlement of disputes, if possible;
- direct case management and court appearances;
- supervision of the proper execution of a court decision.
First of all, the lawyer should study all the materials and documents in order to predict the outcome of the case and choose the appropriate strategy for its management. In addition, it is necessary to find and study similar cases from judicial practice, as well as do everything to reduce the risk of an unsuccessful outcome.
In addition, the authorized representative should try to settle the dispute in a pre-trial manner. To do this, the lawyer negotiates with opponents and offers options for mutually beneficial concessions that will be beneficial to both sides. If this does not lead to anything, then the case is transferred to the court, where the lawyer acts on behalf of his employer.
At the last stage of representation of interests in the arbitration court, the expert must make sure that the court’s decision is carried out by the defendant, otherwise initiate a retrial to call the violator to account.
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