The settlement in the arbitration process and its non-execution

Settlement in the arbitration process It is approved by the court only if it meets all the criteria and requirements of performance. These include: clear certainty and clarity, unconditional requirements. In the legislation of the Russian Federation there are many more inaccuracies and inconsistencies in connection with which the application of the norms of certain articles of the procedural code is somewhat difficult.

Therefore, in the arbitration court, peace agreements are approved only for disputable cases of judicial proceedings. In this case, the agreement concluded by the parties must contain the unconditional requirements, have the clarity and certainty that are inherent in any judicial document. Settlement agreement In the arbitration litigation can not have different interpretations and any unclear points on which further further discussion of the parties is possible.

The formulation of individual clauses of the agreement is carried out in a clear sequence, where the possibility by which this agreement is to be performed is strictly determined. However, no other alternative is envisaged for the implementation of this agreement. That is, if one party transfers any property, then the return must be carried out by the property. A settlement according to the law can not be an alternative. Property in the agreement can not be replaced with money or for the provision of services. Since the violation of the certainty and clarity of the demand creates difficulties for enforced collection.

Failure to implement a settlement agreement approved by the court in the arbitration process is fraught with compulsory measures. So, according to the APC of the Russian Federation (art.142), the court's duty also includes checking the settlement agreement for compliance of its items with the requirements of the current legislation. Since in the absence of voluntary fulfillment of the requirements, it is possible to enforce the execution on the basis of a judicial act through the bailiff service. At the same time, if the settlement agreement has any ambiguity, does not comply with the norms and all the requirements of the law, does not correspond to the will of the parties, then the transition to compulsory judicial execution is impossible, since it is devoid of grounds and is illegal. In addition to clarity, certainty and unconditional peace agreement should motivate the parties to stop the dispute and be justified.

An arbitration court approves an amicable agreement if it is signed by trusted persons whose credentials are confirmed by documents giving the right to conclude this amicable agreement. Verification of the powers of proxies is carried out by the arbitration court on the basis of Art. 53 of the Civil Code of Russia, according to which the powers of officials (director or president) are confirmed by official documents. At the same time, they must have separate documents in the form of an order or a general power of attorney from the founders of the company to conduct business and sign a peace agreement. According to the law of the Russian Federation, a representative of a legal entity in court can be lawyers or other outsiders. Therefore, improper verification of the powers of proxies participating in the arbitration process and signing an amicable agreement without the authority to do so may lead to the cancellation of the signed agreement. Then the settlement agreement is recognized invalid and is subject to return for new consideration in the court, as the actual circumstances of the case do not correspond to the actual evidence.

A settlement agreement in arbitration shall be approved by a court decision only if its participants are directly opposite parties, namely the plaintiff and the defendant, but in no way are the accomplices of this process on the part of the plaintiff and the defendant.