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Appeal the decision of the arbitration court
The decision of the arbitration court is, as a rule, final and binding. However, in some cases, the law allows for its appeal. Below we will explain your rights and the steps you can take if you want to challenge the arbitral award.
Basic principles of the arbitration court
It is a non-governmental independent body that resolves disputes arising from civil and economic legal relations. Its activity is based on an agreement between the parties to the dispute, an arbitration agreement.
Advantages of such a court:
- Speed. Consideration of cases here, as a rule, is faster than in courts of general jurisdiction.
- Privacy. Proceedings in the arbitration court are usually closed, which guarantees the confidentiality of information.
- Saving. The costs of considering a case in an arbitration court are generally lower than in courts of general jurisdiction.
- Flexibility. The parties to the dispute can freely choose the arbitrators who will consider their case, as well as set the rules for the consideration of the case.
In exceptional cases, the decision of this body can be appealed.
Grounds for appeal
The Law of Ukraine “On Arbitration Courts” defines a clear list of grounds for challenging the decision:
- Going beyond the jurisdiction of the arbitration court.
- Improper notification of the date, time and place of the meeting, which deprived the party of the opportunity to present its arguments.
- Illegal composition of the arbitration court: if the composition included persons who could not participate in the consideration of the case according to the law or the arbitration agreement.
- A gross violation of the rules of procedural law, which significantly affected the outcome of the case.
- The decision can be appealed if it is illegal, that is, it contradicts the norms of the current legislation.
Important: this list is exhaustive.
Terms and procedure for annulment of an arbitration court decision
According to legal regulations, the application for annulment of the adopted decision must be submitted within three months from the moment of adoption of the decision. For persons who did not participate in the case, the term begins from the moment when they learned or should have learned about this decision. However, the court may consider an application for extension of the deadline only in cases of objective reasons.
The procedure for appealing the decision provides for certain requirements for the application. This application must include the name and location of the court to which it is filed, as well as the name and location of the parties. In addition, it must contain information about the arbitration court itself, an indication of the disputed decision, grounds for its cancellation, evidence confirming these grounds, as well as a list of the applicant’s demands. Copies of the disputed decision and arbitration agreement, as well as documents confirming the payment of the court fee, are attached to the application. Judicial consideration of the application usually takes up to two months from the moment of its submission. It is important to note that the appeal of the decision does not lead to the automatic termination of its execution, however, for this purpose a separate application for securing the claim may be submitted, and the court may decide to suspend the execution of the arbitration court decision or apply other measures to secure the claim.
It is better to appeal the decision of the arbitration court with an experienced lawyer:
This process has many nuances that only an experienced lawyer can know. He will know which grounds for appeal are valid, how to correctly draw up and submit a statement, how to prepare evidence and how to behave in court. There are also many more reasons to contact the specialists of our law firm “Prykhodko and Partners” in matters of appeal of the decision of the arbitration court:
- A lawyer will develop an optimal appeal strategy for you, taking into account all the circumstances of your case. He will determine which arguments are the most convincing and present them to the court in the most favorable light.
- The expert will carefully defend your rights and interests at all stages of the appeal process. He will monitor compliance with the law and prevent violations of your rights.
- An experienced lawyer significantly increases your chances of successfully challenging an arbitration court decision. He has the knowledge and experience to convince the court that you are right.
- Appealing the decision of the arbitration court is a complex and time-consuming process. By contacting a lawyer, you will free yourself from these worries. A professional will take over all the work, and you can focus on other important matters.
In short, the help of a lawyer is necessary for the following reasons:
- It is difficult for you to understand the legal subtleties on your own.
- You do not want to risk your rights and interests.
- You want to maximize your chances of success.
Contacting an experienced lawyer is an important decision that can help you win your case and protect your rights.
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