Types of jurisdiction: territorial jurisdiction

Jurisdiction of cases is a set of rules determining, to the jurisdiction of which court in the system, for example, arbitration, is the consideration of a case.

In this case, jurisdiction is a narrower concept than subordination, because it allows you to distribute cases subordinated to arbitration between different parts of the entire arbitration court system.

There are the following types of jurisdiction. Firstly, generic jurisdiction, which delineates matters between different levels of arbitration. As a general rule, all disputes subject to a particular arbitration may be resolved by arbitration of any constituent entities of the Russian Federation, excluding disputes that relate to the jurisdiction of the Supreme Arbitration.

This instance considers any cases in which normative legal acts, signed by the President, the Government, federal executive bodies, affecting legitimate interests and rights of applicants in the field of entrepreneurial and economic activities are disputed. The Supreme Arbitration Court reviews cases challenging non-normative legal acts of the President, the State Duma, the Federation Council, the Government, which affect the applicant's rights and interests in economic and business activities. In addition, the court considers economic disputes between various subjects of the Russian Federation.

The concept of "territorial jurisdiction" determines the delineation of the competence of arbitration relating to one link (regional, regional and equivalent judicial bodies of the subjects of the country). It can be general: in this case, claims are submitted to arbitration located at the defendant's address. This is the main rule when delineating the competence of vessels located on the same level.

Alternative territorial jurisdiction allows the plaintiff to choose the arbitration to which the claim will be sent. For example, if the defendant's place of residence or location is not known, the claim in his relation can be sent to arbitration located at the location of his property or at the last place of his location.

Exceptional territorial jurisdiction is characterized by the condition that the case is considered only by an exactly defined code by the arbitral tribunal. In particular, real estate claims are considered only by courts located in the place where the property is located.

In case of jurisdiction over the communication of cases, the dispute is reviewed in the judicial body in which the other case is related to the dispute, regardless of the territory to which the disagreement belongs. For example, a counterclaim must be presented regardless of its jurisdiction in the place where the initial dispute is being considered.

The contractual territorial jurisdiction allows the parties to determine by agreement the place where the claim will be considered. However, such an agreement may arise only with regard to alternative or general territorial jurisdiction. The parties have no right to change exclusive jurisdiction by any agreements.

Alternative jurisdiction (at the option of the plaintiff) is provided for some civil cases that may be decided by different courts of the same level. The plaintiff is given the right to choose which arbitration will consider the case, which is subject to several courts.

The non-jurisdiction of the arbitration case, in which the statement of claim was made, is the basis for bringing the claim back to the plaintiff. In case of revealing of non-applicability after the initiation of proceedings on the suit, the case is transferred to arbitration, in whose jurisdiction it is located.