Application for recognition of a claim in an arbitration court

How to file a claim in arbitration court?

All economic entities, including government agencies, have the right to appeal to the arbitration court. In addition, in some cases, applicants may be individuals whose rights in the field of entrepreneurial activity have been violated, for example, the founders of legal entities.

Art. 27 of the Arbitration Procedure Code of the Russian Federation (APC RF) defines the claims considered by the arbitration court - these are economic disputes, cases involving legal entities and individual entrepreneurs, as well as bankruptcy cases (including bankruptcy of individuals).

Submission order

The claim to the arbitration court is filed at the location of the defendant. Currently, there are three options for going to court:

At a personal reception at the court office - how to file a claim with the arbitration court in this way in a specific region can be found on the website of the corresponding court;

Electronically through the “My Arbitrator” system.

Documents for the claim to the arbitration court

at the end of the claim, correctly and correctly list the entire list of documents that you are enclosing: checks confirming the fact that the package of documents was sent to the defendant; a copy of the certificate of state registration as an individual entrepreneur of all persons participating in the case; power of attorney for a representative.
when filing a claim in arbitration, be sure to certify all attached copies of materials accordingly (the copy is correct, signature, surname and initials of the person who certified the documents).
Attach a power of attorney with signing authority if the application is not signed by the head of the organization.

Within five working days from the day you filed a statement of claim, the judge makes a decision to accept the case to the arbitration court.

IMPORTANT: but the most important aspect in the claim is the signature of the plaintiff or his representative by proxy. Without it, your case will be left without progress or your claim will simply be returned to you in the arbitration court.

Sample statement of claim to the arbitration court

Requirements for the format and content of the statement of claim are contained in Art. 125 of the Arbitration Procedure Code of the Russian Federation and stipulate that the document must indicate:

Applicant details including address, TIN, OGRN, contact numbers and email;

Defendant's details: name, INN, OGRN, address and contacts;

The amount of the claim to the arbitration court.

Statement of the circumstances of the case indicating specific evidence;

Link to legal acts confirming the legal position of the applicant;

Calculation of claims;

Specifically formulated requirements for the claim.

In addition, in most arbitration disputes, the plaintiff must indicate in the claim that he has complied with the pre-trial settlement procedure. It is also necessary to draw up a list of documents that are attached to the statement of claim.

Documents confirming payment of the state fee must be attached to the application. The state fee for a claim in an arbitration court is calculated in the manner prescribed by the Tax Code of the Russian Federation (Article 333.21), details of the calculation can be found in our separate article.

The statement of claim must be signed either by the head of the legal entity or by another person with a power of attorney. The authority of the signatory is confirmed by an extract from the Unified State Register of Legal Entities attached to the application or a copy of the power of attorney containing the authority to go to court.

A copy of the statement of claim with attachments must be sent to the defendant - this is the responsibility of the plaintiff, otherwise the court has the right to leave the statement without action.

Let us immediately note that the application to the arbitration court, a sample of which can be found on most official websites of the courts, is somewhat unified in nature and cannot always be used unchanged. Practice shows that most cases have their own characteristics that must be reflected in the claim. Therefore, any sample can only be the basis for preparing a document on a specific dispute.

Claim in arbitration court for debt collection

One of the most common reasons for filing a claim in arbitration court is to protect the interests of one of the parties to the contract in connection with non-payment for goods, works, services, or non-repayment of borrowed funds.

Such a statement of claim must contain:

Circumstances in which the debt arose, indicating specific documents confirming them;

The cost of a claim in arbitration court, which includes both the amount of the principal debt and penalties. In this case, the plaintiff must provide a calculation of the amount, especially indicating the procedure for calculating the penalty since it can be either contractual or determined in accordance with Art. 395 of the Civil Code of the Russian Federation (from the size of the Central Bank key rate);

An indication of the claim work carried out – the date the claim was sent, the respondent’s response to it.

The application must be accompanied by copies of all documents specified in it.

Claim for recovery of a penalty in an arbitration court

Current legislation allows for filing a separate claim for a penalty in court. This is also possible if the court has previously made a decision to collect the principal amount of the debt. The claim for a penalty must contain an indication of the main requirement, as well as the procedure for its calculation. In such a statement it is also necessary to indicate specific legal provisions that give the right to demand a penalty. If this is indicated in the contract, it is necessary to provide a clause of the contract regulating the procedure for collecting penalties or penalties.

This is interesting: What documents are needed to sell a plot of land?

Features of filing a claim

The Arbitration Procedure Code of the Russian Federation provides for equal rights to judicial protection for all participants in economic activity. Therefore, a claim by an individual entrepreneur in an arbitration court and an application on behalf of a legal entity are considered in the same manner.

In some cases, filing a claim with an arbitration court seems impossible for entrepreneurs and managers of a legal entity due to the lack of funds to pay the state fee. But in such cases it should be remembered that Art. 102 of the Arbitration Procedure Code of the Russian Federation and clause 2 of Art. 333.22 of the Tax Code of the Russian Federation, provide for the opportunity to submit a request for a deferment or installment plan for the payment of state duty. Such a petition must be filed simultaneously with the statement of claim and is considered by the court when considering the issue of accepting the claim for proceedings.

The mechanism of judicial protection in economic disputes is distinguished by its effectiveness in restoring the violated rights of any participant in business activities. The main condition is to ensure that your claims included in the claim to the arbitration court are correctly formatted. A sample application (for collection of borrowed funds) is presented below.

Arbitration disputes

Statements of claim in arbitration cases to the arbitration court - samples and examples. Recommendations for drawing up and submitting a claim to the arbitration court.

Claim proceedings in arbitration courts of the Russian Federation have a number of serious differences from the procedure for considering claims in courts of general jurisdiction. This is due to the fact that arbitration courts hear cases on disputes arising from business and other economic activities. The procedure for considering claims in arbitration courts is determined, first of all, by the Arbitration Procedural Code of the Russian Federation. Based on the peculiarities of arbitration proceedings, when drawing up a statement of claim and submitting it to the court, it is necessary to pay special attention to preparing a set of applications that must comply with the requirements of Article 126 of the Arbitration Procedure Code of the Russian Federation. Each sample claim to an arbitration court posted on our website is compiled taking into account these requirements and has been repeatedly tested in practice.

At first instance, a claim in an arbitration court is considered in the arbitration courts of the constituent entities of the Russian Federation. For example, in St. Petersburg, any arbitration claim is filed with the Arbitration Court of the city of St. Petersburg and the Leningrad Region. There are some exceptions to this rule, provided for in Article 34 of the Arbitration Procedure Code of the Russian Federation for applications for compensation for violations during legal proceedings and when considering cases on intellectual rights. The most important feature, taking into account which an arbitration claim is considered, is the requirement of Article 131 of the Arbitration Procedure Code of the Russian Federation, according to which the defendant is charged with the obligation to send or submit to the arbitration court and the persons participating in the case a response to the statement of claim.

Statement of claim to the arbitration court for collection of debt under the contract. As a general rule, an arbitration claim in court for the collection of debt under an agreement is filed at the location or place of residence of the defendant. The plaintiff also has the right to bring an arbitration claim to the court at the place of execution of the contract, if the contract specifies the place of its execution, as well as at the location of the branch or representative office of the legal entity, if the claim arises from their activities. Sample statement of claim for debt collection under a contract. An example of a statement of claim for debt collection under a contract.

Statement of claim to the arbitration court for the recovery of unjust enrichment. An arbitration claim for recovery of unjust enrichment is brought at the location of the defendant (legal address) or at the location of its branch or representative office, if the claim arises from their activities. The basis for the recovery of unjust enrichment is Article 1102 of the Civil Code of the Russian Federation, as well as paragraph 2 of Article 1107 of the Civil Code of the Russian Federation.

Application from a citizen to declare him bankrupt (bankruptcy of an individual). In order for a citizen to be able to declare himself bankrupt, it is necessary to submit an application to the court, a sample of which is attached below. Bankruptcy cases of individuals (citizens and individual entrepreneurs) are considered by arbitration courts.

How to apply for recognition of a claim

Important!

The defendant submits such an application in any form, since the law does not establish specific requirements for such an application.

In practice, the application indicates the names, addresses, details of the disputing parties, expresses the desire to recognize the claim, and indicates the reasons (you may not indicate them). When indicating these parties to the dispute, it is advisable to indicate the INN and (or) OGRN of the company, since there are companies with the same name.

Important!

Keep in mind that the application is signed by the manager or other authorized person if the power of attorney specifies the right to recognize the claim. If the application is signed by an authorized representative, then the latter’s power of attorney must be attached to the document.

The application is submitted to the arbitration court through the court office by courier delivery with a receipt stamp on your copy, or by sending it by registered mail with notification or inventory. You can submit an application through the electronic document management system in arbitration courts “My Arbitr”. The last method is simple and fast, since you do not need to leave the office and spend extra money on sending or going to court.

An application for recognition of a claim is also submitted orally by announcement at a court hearing. In this case, it is entered into the minutes of the court hearing in the arbitration court.

Statement of claim to the arbitration court

For economic disputes arising between business entities and legal entities, a statement of claim is sent to the arbitration court. The arbitration court acts as the body that has jurisdiction over disputes arising in the process of carrying out business activities.

In addition, legal entities must submit a claim to the arbitration court for disputes arising from civil and administrative legal relations.

A statement of claim to the arbitration court, along with attachments, can be submitted through the my.arbitr.ru service. In the future, the original of the claim and payment order for payment of the state duty can be sent to the court by mail or courier.

Place of filing a claim in the arbitration court

It is possible to file a claim with the arbitration court:

to the court at the location, residence of the defendant
to the court at the location of the disputed property
to the court at the location of the representative office or branch of the organization.

The parties can agree on a court in which disputes regarding contractual relations between them will be resolved. Such a condition must be agreed upon before the arbitration court accepts the claim.

The rules of exclusive jurisdiction indicate that a claim may be filed:

to the court at the location of the real estate, if it is the subject of a dispute
to the court at the place of state registration of the ship or aircraft
at the place of residence or location of the debtor to resolve the bankruptcy case
at the citizen’s place of residence, if he asks to establish the existence of a fact
at the location of the bailiff, if his action (inaction) is appealed

Rules for preparing a statement of claim to the arbitration court

Filing a claim in an arbitration court is strictly regulated by the Arbitration Procedure Code of the Russian Federation, since cases considered in the arbitration process require stricter compliance with the legal preparation of documents.

As a general rule, persons can file a claim with the arbitration court to protect their rights or the rights or legitimate interests of other persons that have been violated or disputed by the defendant (Article 4 of the Arbitration Procedure Code of the Russian Federation).

A number of special entities have the right to apply to arbitration in order to protect public interests (clause 2 of article 53 of the Arbitration Procedure Code of the Russian Federation, resolution of the plenum of the Supreme Arbitration Court of the Russian Federation dated July 18, 2014 No. 51).

Before filing a claim, it is worth checking whether the law or agreement has established a mandatory pre-trial (for example, claim) resolution procedure for this dispute. Failure to comply with it entails leaving the plaintiff’s application without consideration (subclause 2, paragraph 1, article 148 of the Arbitration Procedure Code of the Russian Federation).

The further outcome of the case depends on the correct execution of the package of documents required to file a claim in arbitration.

Grounds for filing a claim in the arbitration court

The basis for claims is considered to be facts of violation of law or contract. Based on such facts, the plaintiff forms his claims against the defendant.

The grounds for filing a claim in the arbitration court are violations of the law or contractual obligations in the economic sphere, when persons carry out entrepreneurial activities or other economic activities.

In addition, the grounds for filing a claim in the arbitration court by a person who does not carry out entrepreneurial or economic activity may be:

Bankruptcy of an organization, individual entrepreneur, citizens
Creation, management, participation in the organization
Refusal to register an organization or individual entrepreneur
Disputes regarding rights to securities
Copyright infringement involving an organization
Protecting the business reputation of an organization or entrepreneur
Other violations of the rights and legal citizens that entail judicial protection

Form and content of the claim to the arbitration court

The statement of claim to the arbitration court of the 2021 model, presented on our website, meets all the requirements of Art. 125 Arbitration Procedure Code of the Russian Federation.

State fee for consideration of a claim in an arbitration court

The amount of state duty for consideration of a case by an arbitration court is set out in the Tax Code.

When a claim is filed, the requirements of which are to resolve a dispute over money or property, such claims are assessed (the cost of the claim) and are the basis for determining the amount of the state duty. So, if the price of the claim reaches one hundred thousand rubles, the state duty is paid in the amount of 4 percent of this price. Similar rules for calculating the amount of state duty are established for property claims with a claim value of up to 200,000 rubles, up to 1,000,000 rubles or more.

Non-property claims formalized in the statement of claim require payment of a state fee for consideration of the case by an arbitration court in the amount of 6,000 rubles.
The court's consideration of a case challenging an act of a state body in the field of copyright occurs after the organization has paid a state fee of 2,000 rubles.
In order to challenge acts of government bodies and the actions of their employees, you must pay a fee of 3,000 rubles.
Filing an application for a court order is accompanied by the payment of half of the state fee, which would be payable when filing an application for consideration of the case in litigation proceedings.
The state fee for declaring the defendant insolvent (bankrupt) is 6,000 rubles.
To submit an application for court enforcement of claims, you must pay a state fee in the amount of 3,000 rubles

The specifics of paying state fees when filing a claim with an arbitration court are:

Simultaneous payment for consideration of property and non-property claims of the same claim

Filing a claim to the arbitration court

Filing a claim with an arbitration court is accompanied by the development of a line of dispute - a position that represents an order, a set of settings, and the position of the party on resolving and settling the dispute that has arisen.

To correctly develop this line of argument, in most cases, the help and advice of a lawyer is required. It is the lawyer who will help develop the necessary position and tactics for resolving the dispute, and will be able to file a claim in arbitration court, taking into account the exact requirements of the law.

The most common mistake in filing a claim in arbitration court is incorrectly formulated demands. In addition, a correct justification of the plaintiff’s claims is required, indicating the calculation of monetary amounts, followed by explanations and confirmation of the attached documents.

Filing a claim with the arbitration court, subject to the above requirements, will be the key to a speedy, correct and objective consideration of the case.

The procedure for receiving documents is sent either in person to the court office or by mail with a list of attachments. The procedure itself is quite simple: the claim is checked to ensure it contains the necessary information and is checked against the attached documents.

Therefore, when filling out an application in an application, it is necessary to accurately indicate the number and date of the document in order to simplify the search in the process of accepting this application.

Why do you need a sample statement of claim to the arbitration court?

The presentation of the claim to the arbitration court must be clear, logical, consistent, with justification and conclusions. The text itself should not be overloaded with unnecessary phrases or large adverbial phrases.

It is necessary to keep the scope of the claim within the boundaries of two pages of typewritten text. It should be stated simply with reference to legislation and materials of judicial practice describing similar cases.

The use of judicial practice materials in claims to the arbitration court is always welcome and is perceived as a professional approach to the matter. If you entrust the drafting of a claim to a lawyer, this increases the percentage in favor of the plaintiff that the case will be satisfied in court.

As for company lawyers. When starting to draw up a claim in arbitration, you need to know the legal basis for the claims and have at hand a form for a statement of claim to the arbitration court, which will give an idea of its structure.

As a rule, each sample contains references to articles of law regulating relations between the subjects of the dispute.

The required sample can be downloaded on our website in the appropriate sections:

And also, you can study the form and content of the claim for arbitration.