Jurisdiction and jurisdiction of the arbitral tribunal

The arbitration process, in particular, and civil, presupposes the establishment of subordination and jurisdiction of various disputes. Only if the problem is solved correctly can the case 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 the arbitration court are 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 criterion for subordination of certain cases to arbitration is 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 us 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.

Given the nature of legal relations, as well as the criterion considered, arbitration can thus resolve economic disputes in the sphere of:

- civil legal relations;

- Administrative legal relations.

Jurisdiction and jurisdiction of cases to arbitration courts can thus fall under the jurisdiction of administrative law. In this area 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 an 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 significant part of the disputes that are in the jurisdiction of the relevant institutions (their jurisdiction also relates to the arbitration court) is connected with challenging the decisions and decisions of various controlling authorities. In this case, legal acts issued by specific officials can also be challenged. 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 companies;

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

Certainly, in accordance with the legislation of the Russian Federation, other conditions for the jurisdiction of cases (types of jurisdiction) may arise for 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 economic entities to appeal to arbitration when resolving disputes related to non-performance of contractual obligations by contracting firms.

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

Parties to disputes that are in the jurisdiction of arbitration are most often citizens registered as entrepreneurs, business owners, business entities. 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 condition for the consideration of a case by an arbitration court. Only in those cases when the judicial dispute has certain characteristics, it is considered by the arbitration institution.

First of all, the nature of the legal relationship is taken into account, in this case it must 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 parties to the dispute. If they are not commercial organizations, then the matter may also be subordinate to the court of general jurisdiction. Of course, Russian legislation can establish exceptions to these rules.

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

What is the specificity of the jurisdiction in the arbitration process

The jurisdiction of the arbitration court is the procedure for assigning a particular case to the competence of a particular institution, based on its various characteristics. Jurisdiction in the arbitration process is classified into 2 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 among institutions located at different levels of the judicial system.

So, in accordance with the norms of the agrarian and industrial complex of the Russian Federation, disputes at the level of the first instance are considered by arbitration courts of the subjects of the Russian Federation. Similarly, for example, the jurisdiction of the Arbitration Court of Moscow, St. Petersburg is determined. In turn, a significant volume of cases is 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 Russian president, issued by the government or federal agencies, if the relevant APs affect 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, 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 a set of arbitration-procedural norms that establish criteria for delineating the competence of certain institutions that are on 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

The norms defining the type of territorial jurisdiction in question 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 is 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, which determine the appropriate type of territorial jurisdiction, presuppose the possibility of choosing the particular institution that is considering the dispute, directly by the plaintiff. For example, if he does not know exactly the place of registration or residence, then the claim can be sent to the location of the property belonging to him.

If there are several respondents in the case, the application in this case is sent to arbitration at the place of registration or residence of any of them. If the defendant is abroad, the alternative territorial jurisdiction of the arbitral tribunals presupposes the referral of the claim to the institution at the location of the property of the party to the dispute.

If the object of disagreement is the performance of the contract, then the application can be submitted to arbitration at the place of implementation of the contract. If the party to the dispute is a branch of the organization that is located outside the place of registration of the legal entity, then the claim can be filed with the court responsible for handling cases in the relevant territory.

Contractual jurisdiction

The contractual jurisdiction of the arbitral tribunal presupposes the possibility of changing the criteria defined for territorial or alternative jurisdictions in accordance with the agreement of the parties to the dispute. It is important that this agreement is reached before arbitration takes action against the proceedings.

Exclusive jurisdiction

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

For example, if the subject of the dispute is real estate, the plaintiff sends an application to the court at the place of registration of the building. Determination of the arbitration court (jurisdiction) in the event that the subject of the application is objects in the form of ships, air vehicles, space objects, is carried out proceeding from the place of state registration of the relevant objects.

If the subject matter of the claim is disagreement under the contract of carriage, then it is sent to arbitration at the place of registration of the carrier. If the appeal to the court is carried out on bankruptcy matters, then the application must be sent to the court at the place of registration of the debtor. If it is a question of establishing significant facts, then the jurisdiction of disputes to the arbitral tribunal in this case is determined proceeding from 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 the appeal to arbitration is carried out for the purpose of challenging the actions of the bailiff service, then the application is submitted to the institution at the location of the representative of this department, which made controversial decisions or carried out unlawful actions, according to the plaintiff.

If the parties to the dispute are Russian firms that conduct business abroad, the rules of jurisdiction in the arbitration court presuppose filing a suit in arbitration at the place of registration in Russia.

If it is a question of challenging a decision made by an arbitral tribunal, as well as issuing a writ of execution on the relevant case, the claim is submitted to arbitration in the region in which the dispute was examined.

If it is a question of submitting 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 examined the main types of jurisdiction of cases to arbitration courts. Let us now consider a number of nuances that characterize the work of arbitration institutions in solving problems within their competence. So, it will be useful to study how the jurisdiction is determined in related cases.

Jurisdiction in related matters

The situation in which there is a need to solve an appropriate task is possible if, for example, a counterclaim is filed in the dispute . Regardless of how obvious its jurisdiction is, it should be considered in the same arbitration as the original application. In case the claim is filed by a third party, in accordance with the provisions of the APC of the Russian Federation, it must be sent to the court that is considering the particular dispute.

Jurisdiction in transfer cases

Another noteworthy aspect of the arbitration process is the transfer of the case on jurisdiction. When considering a dispute, the arbitration court may, therefore, send it to another institution in cases provided for by law. Any case that is accepted by arbitration for production must be studied on its merits, even taking into account the possibility of its transfer to another court. The transfer of a dispute from one arbitration to another, which is at the same level with it, is carried out if:

- the party that is the respondent will file an application for the transfer of the dispute to arbitration at the place of residence or registration, if they were not known in advance;

- both parties to the dispute submitted to the arbitration an application for consideration of the dispute that arose at the location of the main evidence;

- it turned out that the arbitration court took the case to the proceedings with violations of the rules determining the jurisdiction of the arbitration courts of the Russian Federation;

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

- the judges were dismissed or there are other reasons that make it impossible to form an arbitral tribunal in order to consider a particular dispute.

In the event that the transfer of certain cases from one arbitration to another is carried out, the court shall make a relevant determination. According to the law, disputes between the relevant institutions on the jurisdiction of cases are unacceptable.

Summary

So, we have studied the essence of subordination and jurisdiction in the arbitration process. The first term corresponds to the totality of those criteria that establish that a particular case should be considered in the context of the arbitration process. The main disputes, the resolution of which is in the competence of arbitration, is economic.

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

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

Territorial jurisdiction can be established taking 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 the participants in the arbitration process to determine the jurisdiction based on specific criteria. It is possible to transfer the case from one arbitration institution to another in cases prescribed by law.

There are nuances that characterize the definition of jurisdiction within the framework of disputes over which there are counterclaims or statements from third parties. Issues of jurisdiction should not involve disputes between different arbitration tribunals regarding the consideration of certain cases. The main source of law, to which the courts are required to navigate when coordinating such communications, is the agrarian and industrial complex of the Russian Federation. The given code also regulates also questions of jurisdiction of those or other affairs to arbitration courts.