Jurisdiction and jurisdiction of the arbitral tribunal

The arbitration process, as in particular, andcivil, involves the establishment of subordination and jurisdiction of various disputes. Only if the correct solution of this task is made, the case can be examined by the judicial institution on its merits. What are the main criteria for determining the jurisdiction and jurisdiction specifically in arbitration? In what cases can the position of the parties to the dispute influence their determination?

What is the specificity of the jurisdiction of arbitration?

Jurisdiction, jurisdiction of arbitral tribunalare regulated by the provisions of the AIC of the Russian Federation. The first term denotes the delineation of the legally established competences between the RF Constitutional Court, arbitration tribunals, and also institutions of general jurisdiction. That is, this or that court has the right to consider only those cases that are subordinate to it on the basis of existing norms of law. With regard to arbitration, their competence is limited mainly to the consideration of economic disputes between enterprises.

Thus, the main criterionsubordination of certain cases to arbitration - the nature of legal relations. In this case we are talking about economic disputes. There is another important criterion for the jurisdiction of arbitration - the subject composition of legal relations. Let's consider its specifics in more detail.

Subject composition of legal relations as a criterion of jurisdiction: nuances

In accordance with the provisions of the agrarian and industrial complex of the Russian Federation, arbitration courts consider economic disputes in which the following subjects can participate:

- legal entities, individual entrepreneurs;

- in the cases provided by law - physical persons, not registered as IP;

- authorities, as well as institutions that do not have the status of legal entity.

Taking into account the nature of legal relations, as well as the criterion being considered, arbitration can thus resolve economic disputes in the sphere of:

- civil legal relations;

- Administrative legal relations.

Jurisdiction and jurisdiction of cases by arbitrationThe courts can therefore fall under the jurisdiction of administrative law. In this sphere of legal relations, arbitration courts are entitled to consider cases that are related to:

- with challenging normative acts that violate the rights and interests of the economic entity;

- challenging of non-normative acts of authorities;

- administrative offenses, if their consideration is within the competence of the arbitration institution.

There are a number of nuances that characterize the jurisdiction of cases in the relevant legal relations.

Jurisdiction of cases in arbitration: nuances

So, in practice, a large part of the disputes,which are in the jurisdiction of the relevant institutions (their jurisdiction is also related to the arbitration court) is connected with challenging decisions and decisions of various controlling authorities. In this case, legal acts issued by specific officials may also be contested. Among other disputes, the resolution of which is within the competence of arbitration:

- claims for bankruptcy;

- disputes on the establishment, reorganization, and liquidation of firms;

- disputes on the registration of enterprises;

- disputes between owners of securities and business entities;

- cases related to the protection of the enterprise by its business reputation.

Certainly, in accordance with the legislation of the Russian Federationthere may be other conditions for the jurisdiction of cases (types of jurisdiction) to arbitration courts. In some cases, the institutions in question are also entitled to resolve corporate disputes. But in this case the following are taken into account:

- the nature and essence of the object of disagreement between the parties to legal relations;

- features of the company's economic activities;

- grounds for the emergence of legal relations between the parties to the dispute;

- Features of the organizational and legal form of the enterprise.

It is very common for businesses to appeal to arbitration when resolving disputes related to non-fulfillment of contractual obligations by contractors.

Thus, the main area of ​​competence of arbitration - consideration:

- civil disputes - within the framework of legal relations, which are regulated primarily by the norms of the Civil Code of the Russian Federation;

- cases relating to commercial or other(on disputes arising when the parties fulfill the terms of contracts, deliveries, transfer of compensation for certain goods and services).

Parties to disputes injurisdiction of arbitration, most often become citizens registered as IP, business owners, business companies. In some cases, state and municipal authorities may become parties to disputes. With the participation of arbitration, it is possible to resolve disputes in the field of administrative legal relations, if they have a predominantly economic nature.

Jurisdiction is the most important conditionconsideration of a case by an arbitration court. Only in those cases when a judicial dispute has certain characteristics, it is considered by an arbitration institution.

First of all, the nature of the legal relationship is taken into account, in this case it should be economic. If this is not the case, then the matter can be referred to the jurisdiction of the court of general jurisdiction.

Significance also has the legal status of the partiesspore. If they are not commercial organizations, then the matter may also be subordinate to the court of general jurisdiction. Of course, the Russian legislation can establish exceptions to these rules.

Along with the subordination, the jurisdiction of the arbitration court plays an important role in settling economic disputes. Let us consider its specifics in more detail.

What is the specificity of jurisdiction in the arbitration process

The jurisdiction of the arbitration court is the orderattribution of a particular case to the competence of a particular institution, based on its various characteristics. Jurisdiction in the arbitration process is classified into two main varieties:

- generic;

- territorial.

Consider what they are.

Family jurisdiction

The tribunal jurisdiction of cases to arbitration courts presupposes the delineation of the competence to review certain cases between institutions located at different levels of the judicial system.

Thus, in accordance with the norms of the agrarian and industrial complex of the Russian Federation,level of first instance are considered by arbitration courts of subjects of the Russian Federation. Similarly, it is determined, for example, the jurisdiction of the Arbitration Court of Moscow, St. Petersburg. In turn, a significant number of cases are in the competence of the RF Armed Forces (in 2014, the affairs of the Supreme Arbitration Court of the Russian Federation as a result of judicial reform passed under his jurisdiction), namely:

- questions about challenging normative acts,signed by the President of Russia, issued by the government, federal agencies, if the relevant IPA affects the rights and interests of the business entity;

- questions about challenging non-normative legal acts issued by government bodies, economic disputes between federal and regional authorities, and between constituent entities of the Russian Federation.

Let us now consider what constitutes the territorial jurisdiction of arbitration courts.

Territorial jurisdiction

This term corresponds to the aggregatearbitration-procedural norms that establish the criteria for delineating the competence of certain institutions that are at the same level of the judicial system. That is, the jurisdiction of cases to arbitration courts of specific subjects of the Russian Federation is determined. All of them have the same legal status. The jurisdiction of the Moscow Arbitration Court is determined on the basis of the same criteria on the basis of which similar competences are established for institutions that operate in any other region of the Russian Federation.

Types of territorial jurisdiction

In accordance with the agrarian and industrial complex of the Russian Federation, territorial jurisdiction is classified into several varieties:

- the general;

- alternative;

- contractual;

- exceptional.

Let's study the features of each of them in more detail.

General Territorial Jurisdiction

Norms determining the species under considerationterritorial jurisdiction, presuppose the sending of arbitration claims at the place of registration or residence of the defendant. Either in accordance with the constituent documents of the legal entity, if it acts as a party to the dispute. In turn, the jurisdiction of cases to arbitration courts in the event that one of the subjects of legal relations is a citizen, can be determined based on the principal place of residence of the defendant.

Alternative jurisdiction

The rules of law that determine the appropriate typeterritorial jurisdiction, suggest the possibility of choosing a particular institution considering the dispute, directly by the plaintiff. For example, if he does not know exactly the place of registration or residence, the claim may be directed at the location of the property belonging to him.

If there are several defendants in the case, the statement inIn this case, it is sent to arbitration at the place of registration or residence of any of them. If the defendant is located abroad, the alternative territorial jurisdiction of arbitration courts involves sending the claim to the institution at the location of the property of the party to the dispute.

In case the subject of disagreement is executioncontract, the statement may be submitted to arbitration at the place of the contract. If the party to the dispute is a branch of an organization that is located outside the place of registration of a legal entity, then a lawsuit may be filed with the court in charge of hearing cases in the relevant territory.

Contractual jurisdiction

Contractual Arbitrationsuggests the possibility of changing the criteria defined for the territorial or alternative jurisdiction in accordance with the agreement of the parties to the dispute. It is important that this agreement be reached before the arbitration accepts the lawsuit.

Exceptional jurisdiction

Another type of territorial jurisdiction is exceptional. It involves the consideration of the case by a specific arbitration instance.

For example, if the subject of the dispute is real estate, thenthe claimant shall submit a statement to the court at the place of registration of the building. Determination of the arbitration court (jurisdiction) in case the subject of the application is objects in the form of ships, air vehicles, space objects, is based on the place of state registration of the relevant objects.

If the subject of the claim is a dispute under the contracttransportation, it is sent to arbitration at the place of registration of the carrier. If the appeal to the court is made on bankruptcy issues, the application should be sent to the court at the place of registration of the debtor. If we are talking about establishing significant facts, then the jurisdiction of disputes to an arbitration court in this case is determined on the basis of the place of registration or residence of the applicant or, if the subject of the dispute is property, at the location of the building.

If appeal to arbitration is carried out in order tochallenging the actions of the bailiff service, the application is submitted to the institution at the location of the representative of the agency, who made the controversial decisions or carried out unlawful, in the opinion of the plaintiff, actions.

In the event that the parties to the dispute are Russian firms that conduct business abroad, the rules of jurisdiction in the arbitration court imply filing a claim to arbitration at the place of registration in Russia.

When it comes to challenging a decision,issued by the arbitral tribunal, as well as the issuance of a writ of execution in the relevant case, the claim is filed to arbitration in the region in whose territory the dispute was considered.

If we are talking about filing an application for the execution of a decision of foreign courts, the relevant document is sent at the place of registration or residence of the debtor or at the location of its property.

So, we have considered the main types of jurisdictioncases to arbitration courts. We now consider a number of nuances that characterize the work of arbitration institutions in solving problems that are within their competence. So, it will be useful to study how jurisdiction is determined in related matters.

Jurisdiction in related matters

A situation in which there is a need forsolving the relevant problem, it is possible if, for example, a counterclaim is filed in the framework of the dispute. Regardless of how obvious his jurisdiction is, he should be considered in the same arbitration as the original statement. If a lawsuit is filed by a third party, in accordance with the provisions of the RF APC, it should be sent to the court that is considering a particular dispute.

Jurisdiction in the transfer of cases

Another noteworthy aspect of arbitrationprocess - the transfer of the case of jurisdiction. The arbitral tribunal, in considering a dispute, may, therefore, refer it to another institution in the cases provided by law. Any case that is accepted by the arbitration for proceedings must be examined on the merits, even taking into account the possibility of its transfer to another court. A dispute is transferred from one arbitration to another, which is on the same level with it, if:

- the party that is the defendant will file a petition for referring the dispute to arbitration in the place of residence or registration, if they were not known in advance;

- Both parties to the dispute submitted to the arbitration a petition for the consideration of the dispute arising at the location of the main evidence;

- it turned out that the arbitration accepted the case for proceedings with violations of the rules determining the jurisdiction of the arbitration courts of the Russian Federation;

- one of the parties to the dispute is arbitration, which should consider the case by default, based on the criteria for establishing its jurisdiction;

- the judges have been withdrawn or there are other reasons that make it impossible to formulate the composition of arbitration in order to consider a specific dispute.

In the case of the transfer of those orother cases from one arbitration to another, the court makes an appropriate determination. According to the law, disputes between the relevant institutions concerning the jurisdiction of cases are unacceptable.

Summary

So, we studied the essence of jurisdiction andjurisdiction in the arbitration process. The first term corresponds to the totality of the criteria that establish that a particular case should be considered in the framework of the arbitration process. The main disputes, the resolution of which is within the competence of arbitration, are economic.

In general, the parties to the case in arbitrationprocess become commercial enterprises. But in cases stipulated by law, such may be citizens, authorities. If the jurisdiction of the dispute is established, it is necessary to determine its jurisdiction. These concepts, therefore, are in many cases considered in one context. It is therefore necessary, having determined the jurisdiction, to subsequently establish the criteria for attributing the case to the competence of a particular arbitration institution.

The main types of jurisdiction of cases to arbitration courts -generic and territorial (which, in turn, can be classified into several additional categories). In the first case, the distribution of competences of arbitration is carried out taking into account the fact that the courts can operate at 2 levels - regional and federal. For a particular dispute, for example, the jurisdiction of the Moscow Arbitration Court or another one, which operates as an arbitration institution of a constituent entity of the Russian Federation, can be established. In turn, certain categories of disputes can only be considered by the Supreme Court.

Territorial jurisdiction may be establishedtaking into account a large number of criteria, such as, for example, the existence of an agreement between the parties, the operation of specific rules of law, which oblige participants in the arbitration process to determine jurisdiction on the basis of specific criteria. It is possible to transfer the case from one arbitration institution to another in cases provided by law.

There are nuances that characterize the definitionjurisdiction in the framework of disputes, in which counterclaims or claims from third parties appear. Issues of jurisdiction should not imply the emergence of disputes between different arbitrations regarding the consideration of certain cases. The main source of the right to which the courts are obliged to navigate when approving such communications is the APC RF. This code also regulates issues of jurisdiction of certain cases to arbitration courts.