Lawyer in the Arbitration Court
The process of conducting commercial and entrepreneurial activities is inevitably linked with the risk of conflict situations threatening the stability of business. Each organization or individual entrepreneur either way face with disputes and conflicts with counterparts, partners, and clients. That’s why qualified assistance from a lawyer in an arbitration court is required eventually.
Disagreements arise regarding on the matters of non-compliance with contractual obligations, loss of documentation or disclosure of confidential information, unfair competition, etc.
Bankruptcy proceedings, economic and corporate disputes, as well as other disputes between legal entities, according to Russian law, are resolved in the arbitration court. In these cases, representatives of the parties in the trial are lawyers conducting cases in the arbitration court.
Representation of legal entities’ interests in the arbitration process
In case if the interested company intends to protect its rights by filing a claim, as well as in case if the company is a defendant, the list of obligations and services of an arbitration lawyer will include the following functions:
- Preparation of the legal position, drafting the statement of claim;
- Preparation of the necessary package of documents and annexes to the statement of claim;
- Preparation of statements of defense, explanations and other procedural documents;
- Representation of client’s interests during court hearings in courts of first instance, appeal courts and courts of cassation;
- Drafting the appeals.
Moreover, the exhaustive level of authority and services of an arbitration lawyer is determined by the terms of the contract.
Arbitration lawyers’ activity in Russia
The sphere of arbitration lawyers’ activity includes all branches of law, either way affecting the aspects of financial relations and entrepreneurial activity, copyright and intellectual property, property and administrative legal relations, real estate and other areas.
It should be mentioned that according to new developments in Russian civil legislation, only attorneys at law and persons with law degree can represent the parties’ interests in courts from October 1, 2019. The exception will remain only for the cases considered by district courts or magistrates.
Supposedly, these amendments will create additional difficulties in the consideration of corporate disputes, as previously specialists without a legal education could protect the interests of business in courts. However, professional representation of arbitration lawyer allows to accelerate the trial and increase its efficiency, as insufficiently qualified persons frequently submit incorrect procedural documents increasing the courts’ workload.
At the same time, the Civil Code of the Russian Federation (hereinafter – the Civil Code) defines the category of cases in which the claim or other pre-trial procedure is obligatory for dispute resolving and its non-compliance may become the basis for leaving the claim without consideration. The most common categories of cases providing a pre-trial order include:
- Disputes upon amendment and termination of contracts, incl. lease contracts;
- Disputes on insolvency (bankruptcy);
- Corporate disputes, etc.
After completion of pre-trial procedures, the parties proceed directly to judicial procedure of disputes’ resolving. In this case, the organization or individual entrepreneur needs to determine the person who will represent his interests during the trial. If the organization does not have its own legal department, it is necessary to seek legal advice from a law firm or hire an arbitration lawyer. During the consultation the selected specialist will:
- Define a strategy of company’s interests protection;
- Weigh the risks and likelihood of a successful conflict resolution in each particular case;
- Inform client on the approximate timelines for resolving the dispute.
On the result of analysis, a service agreement between a company or an individual entrepreneur on the one hand, and an arbitration lawyer on the other hand, is concluded. This agreement defines the full powers and tasks of representative.
VALEN offers the services of arbitration lawyers in Moscow.
Our experts will analyze your case, provide an assistance in developing of dispute resolution strategy, draft a legal position, collect and submit the necessary set of documents to the court and implement the protection of the client’s rights in court.
Our company specializes in the settlement and resolution of economic, corporate, tax and other disputes, we support organizations and individual entrepreneurs in successful resolving of conflicts with contractors and clients in court.