An example is the presentation of new evidence, when in the first instance the petition to add them to the case was rejected. You can also apply for an examination if the party considers it necessary for the correct resolution of disagreements.

At the same time, the statement of new claims or counterclaims is not allowed. To do this, the organization should contact the first instance. This provision is contained in Article 266 of the Arbitration Procedure Code of the Russian Federation.

How to compose?

The document must contain the following information:

• the name of the court where the complaint is filed;
• data on the parties to the dispute, third parties;
• information about the case: the subject of the dispute, the price of the claim;
• information about the decision taken;
• a description of the grounds for filing an appeal with references to the substantive law and evidence available in the case;
• references to articles 257, 259, 260, 270 of the Arbitration Procedure Code of the Russian Federation;
• the claim of the applicant;
• list of applications;
• position, surname and initials, signature, date of execution.

The application must be accompanied by a copy of the contested decision, a payment order for the payment of the state duty and confirmation that other participants in the first process received copies of the complaint for review. Otherwise, the appeal will not be accepted for consideration on the basis of the norms of Article 263 of the Arbitration Procedure Code of the Russian Federation. These shortcomings can be corrected later if necessary.

A sample appeal against the decision of the arbitration court can be downloaded here. But the text should be finalized on the basis of the conclusions reflected by the court in the decision. The law prohibits filing unfounded appeals - such complaints are returned to the applicant.

Procedure and deadlines for submission

Interested persons have 30 days to appeal to a higher authority. Time is given to analyze the conclusions of the court and prepare the appeal.

The deadline for filing a complaint is restored or extended if the person had objective reasons for missing it. Usually they concern violation of the procedural deadlines for sending a decision or mail errors. The agreement on the preparation of a document, personnel issues, the change of director, the lack of a qualified lawyer in the state are not considered valid. This position is set out in paragraph 14 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 36 dated May 28, 2009.

An appeal against the decision of the arbitration court is filed with the body that considered the dispute in the first instance. There the document will be accepted, a case will be attached to it and sent to a higher authority. The other party receives a copy of the complaint and prepares a response. It contains objections on the merits of the claims

The procedure for filing a complaint provides for the right to apply to a higher authority for all persons who are affected by a previously issued decision, which is established by Article 16 of the APC. A citizen or organization could not participate in the process, but can protect their interests on the basis of Article 42 of the APC.

For consideration of the appeal, you will have to pay a state duty in the amount of 3,000 rubles.

Grounds for refusal to consider

Article 264 of the APC contains the reasons for which a complaint is returned to the sender:

• the person did not have the right to apply with such a statement to the court;
• the sender requested that the complaint be returned;
• the law prohibits challenging the decision or ruling of the court in such a manner;
• the application deadline has been missed;
• the circumstances that served to leave the complaint without movement were not eliminated.

Varieties

In legal practice, a brief appeal was formed. The essence of the phenomenon is to challenge the conclusions of the court only on the basis of the operative part of the decision.

The courts are suffering from a high workload. Economic legal relations require the analysis of many documents, and the conclusions of the court must be based on certain evidence. Often, judges do not have time to issue the reasoning part of the decision as soon as possible, which leads to a violation of the procedure for sending procedural documents to the parties and third parties.

There is a legal mechanism for restoring the deadline for filing an appeal. But in this case, a separate appeal and one more meeting will be required.

The output was a brief complaint. A lawyer representing the interests of the company in court listens to the arguments of the other party to the dispute and predicts how the conclusions of the operative part will be justified. Based on this, an appeal is made to a higher authority.

If the court considers the grounds for appeal too general, then a decision will be made to leave the document without movement. Until the applicant corrects the existing shortcomings. By this time, the decision of the first instance will already be at the disposal of the organization, which will make it possible to more specifically describe the shortcomings of the conclusions of the first instance.

An appeal may also be filed against the ruling of the Arbitration Court. Various issues may be resolved during the process:

• on the appointment of an examination;
• on the introduction of a monitoring procedure (when it comes to bankruptcy);
• about the return of the claim;
• others.

Such determinations may also be appealed. If the court recognizes the appeal as unfounded, it will leave the document without movement on the basis of Article 263 of the APC. The organization will have time to prepare a detailed addendum to the appeal, where any deficiencies will be corrected.

Appeal in the arbitration process should not be used to delay the resolution of the dispute, but to eliminate shortcomings in the proceedings.

An appeal to an arbitration court is a procedural document in which the applicant asks to cancel or change the decision of the first instance that has not entered into legal force.

Basic Rules for Appeal to Arbitration

An appeal filed in accordance with the rules established by Chapter 34 of the Arbitration Procedure Code of the Russian Federation, has the following features:

• the appeal is filed by persons who participated in the case (plaintiff, defendant, third party) or did not participate (if a judicial act was issued in relation to their rights and obligations);
• its filing is possible only in relation to a decision that has not entered into force;
• submitted through the first instance;
• the applicant cannot include in it new requirements that were not the subject of consideration in the court of first instance.

In order for your appeal against the decision of the arbitration court to be satisfied, make sure that there is at least one of the grounds provided for this Article 270 of the Arbitration Procedure Code of the Russian Federation :

• incomplete determination of the circumstances relevant to the case;
• lack of evidence established by the judge of the circumstances that influenced the outcome of the case;
• inconsistency of the conclusions of the judge with the available evidence;
• violation or misinterpretation by the judge of the norms of substantive or procedural law.

According to article 262 of the Arbitration Procedure Code of the Russian Federation , the person participating in the case has the right to send his response to the appeal to the arbitration court, citing his arguments and objections. The review is drawn up according to the same rules and form as the appeal.

Compilation procedure

Step 1. Hat, which includes:

• full name of the court;
• details of persons involved in litigation(for organizations, this is the name, TIN, PSRN, address, for individuals - full name, passport details and contact information);
• the name of the arbitration court that adopted the contested decision, the number of the case, the date of the decision, the subject of the dispute.

Example:

To the Fifth Arbitration Court of Appeal

191000, St. Petersburg, st. Petrovskaya, 55

through the Arbitration Court of St. Petersburg and

Leningrad region

191000, St. Petersburg, Ivanovskaya st., 1

Plaintiff: Odin LLC

Address: 191000, St. Petersburg,

st. Sidorovskaya, 53.

Respondent: OOO "Dva"

191000, St. Petersburg,

st. Kuznetsovskaya, 33.

Price (cost) of the claim: 11,111 rubles. 11 kopecks.

The amount of state duty: 3000 rubles. 00 kopecks

Appeal

On the decision of the Arbitration Court of St. Petersburg and the Leningrad Region dated November 11, 2017 in case No. А11-22222/2020

Step 2. Main body of the appeal. Here it is necessary to describe the essence of your requirements and the grounds on which the decision is being appealed. To increase your chances, you should indicate links to laws and other significant circumstances that are relevant to the case.

Example:

Odin LLC filed a lawsuit against Dva LLC to recover the debt for the delivered goods in the amount of 22,222 rubles. 22 kopecks.

By the decision of the Arbitration Court of St. Petersburg and the Leningrad Region dated November 11, 2017 in case No. A11-22222/2017, 333,333 rubles were recovered from LLC Dva in favor of LLC Odin. 36 kopecks of debt and 3333 rubles. 26 kopecks of a penalty, total 336,666 rubles. 62 kopecks, as well as 2632 rubles. 83 kopecks in reimbursement of expenses for the payment of state duty.

Odin LLC does not agree with the decision made, considers it illegal, since the court of first instance did not fully examine the evidence in the case, the court’s conclusions do not correspond to the circumstances of the case, and the norms of substantive (and procedural) law are incorrectly applied.

When concluding the said supply agreement, in paragraph 6 the parties provided for a letter of credit form of payment. This assumes that the supplier fulfills his obligations under the supply contract after the buyer opens a letter of credit. But the supplier LLC Odin, without waiting for the opening of the letter of credit, delivered the goods to LLC Dva, in connection with which he violated the delivery procedure stipulated by the contract on the basis of Art. 509 and 516 of the Civil Code of the Russian Federation . But the court did not take this circumstance into account when deciding on the case under consideration. And ruled in favor of the plaintiff, referring to Art. , 516 of the Civil Code of the Russian Federation, recovered from OOO Dva 44,444 rubles. 36 kopecks of debt and 5555 rubles. 26 cents penalty.

LLC Dva does not agree with this decision, as it believes that it is based on the incorrect application of civil law norms. Thus it is the court's decision to collect debts, penalties, as well as the amount of reimbursement for the payment of state duty, the total total amount of 666 666 RUB. 46 cents is wrong.

Step 3. Making a request. The sample appeal to arbitration shows that it usually contains references to the articles of the APC and the word “please”. You can ask to cancel the decision in whole or in part.

Example:

Given the above and guided by Art. 257, 260, - 270 APC RF,

ASK

Cancel the decision of the Arbitration Court of St. Petersburg and the Leningrad Region dated November 11, 2017 in case No. A11-22222/2020 and refuse Odin LLC to fully satisfy the claims.

Step 4. The final part. It contains a list of attached documents, the signature of the applicant (or the person who represents his interests by proxy) and the date the document was drawn up.

Example:

Appendix

The list of attached documents in accordance with Part 4 of Art. 260 APK. Documents are attached in the following order:

1. A copy of the contested decision.
2. A document confirming the payment of state duty.
3. A document confirming the sending of a copy of the appeal to other persons.
4. A copy of the power of attorney for the right to sign the appeal, if the complaint is signed by the representative of the applicant.
5. Applications, if any.
6. Other relevant documents.

If you do not want your appeal to be dismissed, you must attach the following documents to it:

• a copy of the contested decision;
• receipt of payment of state duty;
• confirmation of the direction of the complaint to all persons participating in the case (postal checks);
• a power of attorney or other official paper confirming the authority to sign the appeal.

Please note that the complainant is obliged to send to all participants in the case not only the text itself, but also all the attached documents. This can be done either by registered mail with notification, or in person against receipt.

Deadlines for submission and consideration

In accordance with Article 259 APC RF , the parties have a month to appeal after the verdict. The current legislation provides for the possibility to extend the term for filing an appeal in the arbitration process if the applicant had good reasons for missing it. To do this, it is necessary to file an appropriate application, indicating in it the reasons for the delay in filing an appeal (illness, long-term departure, etc.). Also, the term will be restored if the applicant proves that he did not know about the court decision, the content of which affects his rights and obligations.

The Arbitration Procedure Code of the Russian Federation also establishes a reduction in the time for appeal (10 days) for certain categories of cases, for example:

• on cases of bringing to administrative responsibility;
• in cases considered in summary proceedings;
• in bankruptcy proceedings.

It is also necessary to remember that the appeal is filed through the first instance, which, in turn, forwards it to the Court of Appeal along with all the materials of the case within three days.