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Home page > Litigation practice > Defending interests in arbitration

Commercial court - the legal solution of your business problems!

When pre-trial dispute resolution is impossible, litigation comes into play. Do you need professional assistance in commercial courts? Law & Wise experts are ready to offer immediate legal assistance!

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What do Law & Wise legal experts do to resolve successfully a commercial dispute?

Law & Wise team of highly qualified lawyers will take all possible measures to successfully resolve a lawsuit (regardless of the court) and to achieve a positive outcome. For this:

We will hold a discussion with the client. Thanks to face-to-face interaction, lawyers will be able to figure out the nuances of your case, as well as determine the prospects for the dispute positive court outcome in favor of the client.
We will study the official documents and draw up a strategy for resolving the dispute. This stage is very important, as it allows the experts to immerse themselves in a particular case and to develop several options for protecting the client’s interests in court.
We will make pre-trial preparations, mandatory by virtue of law, Section 5, Art. 4 of APC RF. Do you have problems with your documents? Law & Wise lawyers will take the necessary steps to prepare the documents during pre-trial work, taking into account the court dispute specifics.
We will represent the client’s legitimate interests in court. The experts personally supervise the trial process, representing the client at all stages of the court proceedings.
We will appeal the decision of the court. If the court decision is not in favor of the client, then our experts will challenge it in a higher court, and protect the interests of the client, if the defendant files the appeal.

QUESTION-ANSWER

In which court should one submit a claim to recover money from legal entities?

As a rule, the claim must be sent to the local court at the location (legal address) of the defendant. Besides, if the contract provides for the resolution of disputes in a particular court, then the dispute must be heard in that court. Real estate disputes are to be heard at the location of the disputed property.

Is it possible to compensate the costs of lawyers?

Yes, you can. Guided by art.106 of the APC RF, the costs associated with legal proceedings (costs for experts, lawyers, translators, etc.), as well as sums of money related to the fare to the meeting place, are subject to collection.

In this case, according to Art.110 of APC RF court costs incurred by persons involved in the case, who won the court award, shall be recovered by the commercial court. If the claim is partially satisfied, the court costs are borne by the persons involved in the case, in proportion to the amount of the claims satisfied.

What is the time limit to appeal the decision of the commercial court?

According to Art.259 of the APC RF the term for filing an appeal is one month. The deadline must be calculated from the time the decision was made in full. You can learn about the decision on the website https://kad.arbitr.ru/ by specifying in the search card the case number or the person involved in the case.

How many times can you appeal a court decision?

After receiving the court decision, each of the parties has the right to file an appeal against the decision of the court of first instance. For example, it is possible to appeal against the decision of the Moscow Court of Arbitrazh to the Ninth Arbitrazh Court of Appeal (appeal instance). Cassation appeal against the appeal decision can be submitted to the Arbitrazh Court of the Moscow District (cassation instance) and a cassation appeal to the Supreme Court of the Russian Federation (the so-called “second cassation”). The decision of the Supreme Court of the Russian Federation on the ruling of the “second cassation” can be appealed to the Presidium of the Supreme Court of the Russian Federation by filing a supervisory appeal (supervisory authority).

What is a simplified court procedure?

Distinctive features of the simplified procedure is the case hearing without summoning the parties and in a shorter time period (2 months).

The categories of cases investigated in the simplified procedure are listed in article 227 of the APC RF. Most of the cases in a simplified procedure consider claims for recovery of funds if the price of the claim does not exceed 500 thousand rubles for legal entities and 250 thousand rubles for individual entrepreneurs.

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