Completed appeal to the arbitration court. Sample of a short appeal to the arbitration court, whether it is possible to file a preliminary appeal against the decision of the arbitration court. Appeal against the decision of the arbitration court

The document is submitted by persons who are involved in the case under consideration or regarding whose rights and obligations the court has made a decision.

IN ______________________________________
arbitration Court of Appeal

________________________________________
(name or full name of the entrepreneur,
the person filing the appeal)
address: _________________________________,

Representative of the person filing the complaint:
________________________________________
(data taking into account Article 59 of the Arbitration
procedural code of the Russian Federation)

phone fax: ___________,
E-mail address: _______________

Case No. _________________________________

Plaintiff: _________________________________

address: _________________________________
_______________________________________,
(for an entrepreneur: date and place of birth, place of work or date and place
state registration as an entrepreneur)
phone fax: ___________,
E-mail address: _______________

Respondent: ______________________________
(name or full name of the entrepreneur)
address: ________________________________,
phone fax: ___________,
E-mail address: _______________

Third party: ___________________________
(name or full name of the entrepreneur)
address: ________________________________,
phone fax: ___________,
E-mail address: _______________

State duty: _________________ rubles

Appeal
on the decision of the Arbitration Court
No. ___ from "___"________ ____

“__”___________ ____ the decision of the Arbitration Court _____________________ fully/partially satisfied (left unsatisfied) the statement of claim __________________________________ in case No. ______ (the name or full name of the plaintiff is indicated) about ____________________________________ (the claims stated by the plaintiff are indicated ).

According to this decision, the court found that ___________________________________________ (the facts established in the court decision in the case are indicated).

I consider this decision illegal and unfounded for the following reasons: ___________________________________ (indicate the reasons why the person filing the complaint does not agree with the court decision)

In this regard, the court had no grounds to satisfy the claim (refusal of the claim, etc.).

Based on the above and in accordance with Articles ________________________________ (indicate the norms of laws and regulations on the basis of which the person filing the complaint substantiates his demands) as well as Art. Art. 257, 259, 260, 269, 270 Arbitration Procedural Code of the Russian Federation

cancel/change the decision of the Arbitration Court ___________________________ dated "__"___________ ____ in case No. _______ on _____________________________________________ in full/in part and adopt a new judicial act (cancel the decision in whole or in part and terminate the proceedings or leave the claim without consideration in whole or in parts).

Applications:
1. Notice of delivery or other documents confirming the sending to other persons participating in the case, copies of the appeal and documents attached to it, which they do not have.
2. A document confirming the payment of the state duty (or documents confirming the right to receive a benefit in the payment of the state duty, or a petition for a deferment, payment by installments or a reduction in the amount of the state duty).
3. A copy of the contested decision.
4. Documents confirming the circumstances on which the Applicant bases his claims.
5. Power of attorney of the representative confirming the authority to sign the appeal, dated “___”________ ____, No. _____ (if the complaint is signed by the representative).

Person filing an appeal (representative):

________________/____________________________________/
(signature) (full name)

A disputant has the right to appeal a judicial act if he does not agree with the position of the first instance. A sample appeal against an arbitration court decision will help you prepare the document correctly.

An appeal against a decision of an arbitration court is a procedural document that is sent to the court if you do not agree with the decision of the first instance. With the filing of an appeal, the arbitration court begins the second stage of the process. But in order for the appeal court to accept the appeal and consider it, the rules of preparation and submission must be followed. Download a sample appeal against an arbitration court decision from the appendix to the article and check your document. Completed appeal form in arbitration court we will look at it in the article.

An appeal can also be filed if they want to challenge:

• bringing to administrative responsibility,
• initiation of bankruptcy proceedings,
• return of the statement of claim, etc.

A participant in a dispute has the right to file an appeal against the decision of the arbitration court

A complaint to the arbitration court of the appellate instance is filed in cases where you do not agree with the decision of the first instance. The applicant may believe that the court misinterpreted the legal norms, did not take into account a number of circumstances, etc. But in order for the arbitration court to accept and consider the appeal, a number of requirements must be met:

1. The applicant must be the one who has the right to file such complaints. This is either a participant in the arbitration process, or a person whose interests were violated by the controversial decision.
2. This procedural document must be submitted to the court before the expiration of the deadline established by law. In some cases, special deadlines for appeal are provided, but general rule You can file a complaint within a month after the first instance made its decision.
3. The complaint must be filed in accordance with the requirements for the form and content of the document.
4. Submit a complaint by mail to in electronic format etc. in compliance with the feeding rules that exist for this method.

When submitting an appeal to arbitration, adhere to the deadlines

Regarding the submission deadline appeal Several rules apply to the decision of the arbitration court:

1. According to the Arbitration Procedure Code of the Russian Federation, an appeal (see sample above) must be filed within one month from the date of the decision (part 1 of article 180, part 1 of article 259). The beginning of the expiration period is equated to the moment the court act is issued.
2. If only the operative part was adopted at the meeting, and the full decision was made on another day, the period is counted from the moment of issuance complete solution(Part 2 of Article 176 of the Arbitration Procedure Code of the Russian Federation).
3. The law provides for shortened appeal periods. In some cases, the arbitration tribunal will accept an appeal only within 10 working days. This is true for complaints under Part 4 of Art. 206, part 5 art. 211 Arbitration Procedure Code of the Russian Federation, Part 4, Art. 225.7 Arbitration Procedure Code of the Russian Federation. In addition, for cases that were considered in a simplified manner, the appeal period is also reduced and amounts to 15 working days (Part 3 of Article 229 of the Arbitration Procedure Code of the Russian Federation).

The complainant needs to confirm that he filed the complaint within the deadline. To do this, you need to record the moment of delivery. How to do this depends on the method in which the appeal will be submitted to the arbitration court:

1. If through the court office, a stamp will be placed on the copy of the document.
2. If by mail, the date of filing will be on the postmark and on the receipt. These dates may differ, in which case the earlier date is considered to be the time of dispatch.
3. If through “My Arbitrator”, the filing date is considered to be the date of receipt of documents into the system. This date is reflected in the notification that the system automatically generates after the user has uploaded the documents.

If the filing deadline is missed, the applicant has the right to file a petition to restore the deadline (Part 2 of Article 259 of the Arbitration Procedure Code of the Russian Federation). The court will cooperate if the deadline is missed for a good reason.

The complaint is sent to the court through the office, by mail or electronically. You will need a copy of the complaint if it is submitted through the office. This copy will be returned to the applicant. When sending by mail, issue a registered letter with acknowledgment of receipt and a description of the attachment. If documents are submitted to electronic form, you need to take scans. Please pay attention to how electronic copies of documents should be certified.

Use a sample appeal to check the document in the arbitration court

Let's take a closer look at the document. Before going to arbitration, a sample appeal will help you check whether everything has been stated correctly. There are several required elements:

1. File a complaint through the court that made the controversial decision (Part 2 of Article 257 of the Arbitration Procedure Code of the Russian Federation).
2. Address the document to the appropriate appellate authority. In addition to the name of the court, in the header of the document indicate the names and details of the parties to the dispute and the case number.
3. Among the details of the parties, the location is written. If the actual address does not coincide with the legal address, it is better to write in the complaint the one at which the company will receive information from the court more quickly.
4. Make sure you submit your complaint on time.
5. Title the document: “Appeal against the decision of the Arbitration Court...” Here also make a reference to the case number, indicate the date when the first instance made the decision. Also briefly write down the claim.
6. State your objections to the court's decision - for example, as you did in the sample appeal to the arbitration court. Justify your position: make references to the case materials, legal norms and judicial practice. In addition, write what powers the appellate court should use to protect the applicant’s rights (Article 269 of the Arbitration Procedure Code of the Russian Federation). This part of the complaint should contain the applicant’s demands - for example, as in the example: to cancel the initial decision, make an appropriate decision, and recover legal costs from the opponent.
7. Include in the text of the complaint a list of attachments that you are sending along with it. What documents are needed are stated in Part 4 of Art. 260 Arbitration Procedure Code of the Russian Federation. If a representative is filing the complaint, include a copy of the power of attorney.
8. The complaint must contain the signature of the applicant and the date of filing the document.

A blank sample of an appeal against a decision of the arbitration court can be downloaded in the appendix to the article.

The form of the document “Appeal against the decision of the Arbitration Court” belongs to the heading “Appeal”. Save the link to the document in in social networks or download it to your computer.

In __________ arbitration court of appeal
_____________________________________________

Plaintiff: LLC "______________________________"
Mailing address:________________________________

defendant: LLC "_______________________________"
Legal address:____________________________

Government duty: ______________________

Case: No._________________

APPEAL

on the decision of the Arbitration Court of the city _______ dated __________ in case No. _____________ (on the claim of LLC "____________________" against LLC "____________" for debt collection)

By the decision of the Arbitration Court of the city _______ dated __________ from the Limited Liability Company “______________” in favor of the Limited Liability Company “____________”, ___________ rubles __ kopecks were recovered as debt. and reimbursement of legal expenses for payment of state fees - ______ rubles.
I consider this court decision to be illegal, unfounded and subject to change on the following grounds:
1. Incomplete clarification by the court of first instance of the circumstances relevant to the case.
In its decision, the court of first instance refers to the fact that a framework supply agreement No. ____ dated ____________ (with appendices) was concluded between the parties, within the framework of which the defendant supplied goods to the plaintiff.
According to the terms of the supply agreement for the supplier, in addition to the obligations to supply goods, special obligations of the supplier are established, including the obligations of the supplier (LLC "_____________") to pay premiums to the plaintiff.
In accordance with the terms of the supply agreement, the supplier is subject to payment to the buyer of the amounts of discounts and premiums agreed upon by the parties, established in the relevant Appendix No. __ to the supply agreement in relation to the relevant periods of the relationship between the parties.
The amounts and types of discounts and bonuses are determined and established by Appendix No. __ to the framework agreement.
The volume of commodity purchases under the framework agreement is determined in the annual volume certificates, the fact of delivery for ___________. also confirmed by the delivery notes submitted to the case.
In addition, the plaintiff, as part of its obligations under the framework agreement, issued invoices for payment of premiums, of which there is documentary evidence.
And, since, as the court indicated in its decision, the plaintiff provided evidence of the debt under the supply contract for payment of the premium, the claims should be recognized as legitimate, reliable, proven and subject to satisfaction.
However, the trial court unjustifiably came to such a premature conclusion, without fully examining the factual circumstances of the case.
IN in this case, the contract for the supply of goods was concluded in full compliance with the requirements of civil law, in particular Chapter 30 Civil Code RF.
According to Art. 507 of the Civil Code of the Russian Federation, in the event that, when concluding a supply contract, disagreements arose between the parties on certain terms of the contract, the party that proposed to conclude the contract and received from the other party a proposal to agree on these conditions must, within thirty days from the date of receipt of this proposal, unless otherwise the deadline is not established by law or not agreed upon by the parties, take measures to agree on the relevant terms of the contract or notify the other party in writing of the refusal to conclude it.
In accordance with clause 3.5 of the Agreement - general conditions deliveries - amounts subject to withholding after the transaction are paid to the buyer once a year for the period of time up to ___________ of the previous year, while the calculation is based on the total amount of turnover achieved by the buyer and supplier during the reporting period.
In satisfying the claims, the court of first instance referred to the reconciliation act between the parties, which allegedly, as claimed by the plaintiff’s representative, reflected the amount of debt for the goods actually delivered and sold.
However, these statements are not true.
The court of first instance recovered _______ rubles __ kopecks in favor of the plaintiff.
At the same time, according to the act of reconciliation of mutual settlements carried out between the parties, the debt of LLC "________________" to LLC "_____________________" amounted to ______ rubles __ kopecks.
All our objections to the claims made by __________________ LLC were not taken into account by the court of first instance, which was the reason for the unjust decision, due to incomplete clarification of the circumstances relevant to the case.
All of the above circumstances led to the adoption of an unjust decision that violates the rights and legitimate interests of LLC “________________________”.
Based on the above and guided by Art. 4, 257, 259, 260, 270, APC of the Russian Federation, -

P R O S H U S U D:

1. The decision of the Arbitration Court of the city _______ dated __________ in case No. __________________ on the claim of LLC "_____________" to LLC "_______________" for debt collection - amend.
2. Adopt a new judicial act in the case, by which the claims of LLC "____________" to LLC "______________" for debt collection are partially satisfied by collecting from LLC "____________________" in favor of LLC "____________" in compensation of the debt ______ rubles __ kopecks.
3. To recover from LLC “_____________________” in favor of LLC “_____________________” the costs of paying the state duty in the amount of __________ rubles.

Application:
1. receipt for payment of state duty;
2. copies of the appeal;
3. receipt for sending a copy of the appeal to the plaintiff;
4. copy of the decision of the Arbitration Court of ________ dated ___________;

CEO
OOO "____________________" _____________

" " ________________ of the year

• 
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Not in every situation commercial organization can achieve a fair court decision. When considering a dispute, errors may be made in assessing or interpreting evidence. We often encounter misinterpretations of legal norms.

If the interested party does not agree with the conclusions in the decision, then an appeal is filed with the arbitration court. A new stage of the trial begins.

An appeal is a review of a court decision that was made but did not enter into legal force. When appealing, a citizen can achieve one of several goals:

• review the arbitration conclusions made on the basis of proven facts;
• correct the violation of the law;
• use new means of evidence that the party did not present earlier for objective reasons;
• cancel an unlawful ruling.

The decision of the trial court is not final. Any state institute may make a mistake, and an appeal is a way to protect one’s legitimate interests. Checking the validity and legality of verdicts serves as a prevention of corruption crimes and neglect of professional duties. The procedure is regulated by Chapter 34 of the Arbitration Procedure Code of the Russian Federation.