Sample appeal against a decision of the arbitration court

In the Fifteenth Arbitration
Court of Appeal
Plaintiff: ______________________

Respondent: ___________________
Address:______________________
Telephone:____________________

Case no. ____________________

APPEAL

on the decision of the Arbitration Court of the Krasnodar Territory in the case of the claim of ______________ to __________________ about _________________________________ dated "___"________ ____

"___"_______ ____ of the year the decision of the Arbitration Court of the Krasnodar Territory was fully (partially) satisfied (dissatisfied) statement of claim
___________________________________________ in this case of ________
(indicate the name or full name of the plaintiff)
____________________________________________________________________.
(the requirements 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)
However, this court decision is neither legal nor justified.
Therefore, _____________________ does not agree with this decision for the following reasons: the court of first instance did not fully examine the evidence in the case, the court’s conclusions do not correspond to the circumstances of the case, the rules of substantive and procedural law were incorrectly applied ___________________________________ ________________________________________________________________________________
__________________________________________________________________________.
(indicate the reasons why the person filing the complaint does not agree with the court decision)
In this regard, the grounds for _____________________________________
(satisfaction of the claim, refusal of the claim, etc.) was not available.
Therefore, based on the above and in accordance with the articles
_____________________________________________________________________,
(indicate the norms of laws and regulations on the basis of which the person filing the complaint substantiates his demands) as well as Articles 257, 259, 260 of the Arbitration Procedure Code of the Russian Federation
I ASK:
cancel (or change) the decision of the Arbitration Court of the Krasnodar Territory
from "___"_________ _____ year in case No. _______
o ________________ ___________________________________ completely (or
in part) and adopt a new judicial act (cancel the decision completely or
in part and terminate the proceedings or leave the claim without
consideration in whole or in part).

Application:
1. Receipt for sending copies appeal persons participating in the case.
2. A document confirming 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 in installments or a reduction in the amount of the state duty).
3. A copy of the contested decision.
4. Additional evidence (documents, certificates, letters, etc.)
5. Power of attorney or other document confirming the authority to sign the appeal.

According to statistics, the most common type of protest against court decisions is their appeal. According to the rules of procedural legislation of Russia, this role of “intermediaries”, evaluating the adopted rulings of the courts of first instance in disputes related to economic activities, is assigned to arbitration courts of appeal. During these processes, cases are considered whose decisions have not entered into legal force. An important step in challenging a verdict in arbitration is the competent preparation of a complaint, a sample of which we will consider in this article.

Rules of law

The purpose of any appeal is to challenge the unlawful determination of “Themis”. At the same time, arbitration courts act as “defenders” who check the correctness and fairness of adopted and appealed decisions. Such authorities consider conflicts only with the participation of entrepreneurs and enterprises. Their right to appeal is enshrined in Article 257 of the Arbitration Procedural Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation).

Deadlines

The rules established for appeal in arbitration proceedings are almost identical to the rules in civil proceedings. Thus, the protest under consideration has a procedural period of 30 days from the date of announcement of the decision in the case, as well as for civil process(Article 259 of the APC). It happens that, due to valid reasons, appellants miss the deadline for appeal, then it must be restored upon a petition submitted to the judge for consideration.

Claim Requirements

1. Introductory;
2. Descriptive;
3. Motivational;
4. Resolute.

Let's take a closer look at how to format each paragraph.

Introductory block

Here fill out the so-called application header. Please include the following information:

1. Name of the arbitration court.
2. The name of the judicial authority through which the complaint is submitted.
3. Applicant details:
   • Corporate name of a commercial organization or full name individual entrepreneur(IP).
   • Legal address of the enterprise/individual entrepreneur.
   • Telephone.
4. Defendant's details.
5. Information about all participants in the process.
6. Subject of the dispute (number of the decision being appealed).
7. The amount of state duty paid.

Descriptive block

This part is always preceded by the title of the document. Therefore, write “Appeal” in the center of the sheet and briefly indicate the data of the disputed determination. For example, “on the decision of the Arbitration Court of the Kaliningrad Region dated January 1, 2001 in case No. 1.” Then describe the details of the trial at first instance. Namely, the substance of the dispute and the decision made on it, as well as all the circumstances relevant to the case.

Motivational block

In this paragraph, provide the following information:

• the grounds on which the decision is being challenged;
• legal assessment of your arguments;
• references to legal norms.

Important: the reasoning part must contain a detailed legal assessment of the violations committed in the first instance arbitration.

Resolution block

In the final part, state your requirements and requests. The main thing is that they all fall under the authority of Themis, which is considering the controversial case. You can take into account their compliance by referring to Article 269 of the Arbitration Procedure Code of the Russian Federation. Below is a list of attached documents. Put the date and your handwritten signature.

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 social networks or download it to your computer.

In __________ arbitration court of appeal
_____________________________________________

Plaintiff: LLC "______________________________"
Postal address:________________________________

defendant: LLC "_______________________________"
Legal address:__________________________________________

State 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 the parties concluded a framework supply agreement No. ____ dated ____________ (with appendices), 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 legislation, in particular, Chapter 30 of the Civil Code of the Russian Federation.
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.
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 ___________;

General manager
OOO "____________________" _____________

" " ________________ year

• 
  It is no secret that office work has a negative impact on both the physical and mental state of the employee. There are quite a lot of facts confirming both.
• 
  Every person spends a significant part of his life at work, so it is very important not only what he does, but also with whom he has to communicate.

An appeal to an arbitration court is a procedural document in which the applicant requests to cancel or change a decision of the first instance that has not entered into legal force.

Basic rules for filing an appeal in arbitration

An appeal, drawn up in accordance with the rules established by Chapter 34 of the Arbitration Procedure Code of the Russian Federation, has the following features:

• the appeal is filed by persons who participated in the case (plaintiff, defendant, third party) or who did not participate (if a judicial act was made in relation to their rights and obligations);
• its filing is possible only in relation to a decision that has not entered into force;
• submitted through the first instance;
• the applicant cannot include new requirements that were not the subject of consideration in the court of first instance.

In order for your appeal against the decision of the arbitration court to be satisfied, make sure that there is at least one of the grounds provided for this Article 270 of the Arbitration Procedure Code of the Russian Federation:

• incomplete determination of circumstances relevant to the case;
• failure to prove the circumstances established by the judge that influenced the outcome of the case;
• discrepancy between the judge’s conclusions and the available evidence;
• violation or incorrect interpretation by a judge of substantive or procedural law.

According to Article 262 of the Arbitration Procedure Code of the Russian Federation, a person participating in the case has the right to send his response to the appeal to the arbitration court, citing his arguments and objections. The review is drawn up according to the same rules and form as the appeal.

Procedure for compilation

Step 1. Hat, which includes:

• full name of the court;
• details of the persons participating in the trial (for organizations this is the name, INN, OGRN, address, for individuals - full name, passport details and contact information);
• name of the arbitration court that made the appealed decision, case number, date of the decision, subject of the dispute.

Example:

To the Fifth Arbitration Court of Appeal

191000, St. Petersburg, st. Petrovskaya, 55

through the Arbitration Court of St. Petersburg and

Leningrad region

191000, St. Petersburg, Ivanovskaya st., 1

Plaintiff: Odin LLC

Address: 191000, St. Petersburg,

st. Sidorovskaya, 53.

Defendant: LLC "Dva"

191000, St. Petersburg,

st. Kuznetsovskaya, 33.

Price (cost) of the claim: 11,111 rubles. 11 kopecks.

Amount of state duty: 3000 rubles. 00 kopecks

Appeal

On the decision of the Arbitration Court of St. Petersburg and the Leningrad Region dated November 11, 2017 in case No. A11-22222/2020

Step 2. The main part of the appeal. Here you need to describe the essence of your requirements and the grounds on which you are appealing the decision. To increase your chances, you should provide references to laws and other significant circumstances that are relevant to the case.

Example:

LLC “Odin” filed a lawsuit against LLC “Dva” to collect the debt for the delivered goods in the amount of 22,222 rubles. 22 kopecks.

By the decision of the Arbitration Court of St. Petersburg and the Leningrad Region dated November 11, 2017 in case No. A11-22222/2017 from Dva LLC in favor of Odin LLC, 333,333 rubles were recovered. 36 kopecks of debt and 3333 rubles. 26 kopecks penalty, total RUB 336,666. 62 kopecks, as well as 2632 rubles. 83 kopecks to reimburse expenses for paying state duty.

Odin LLC does not agree with the decision made, considers it illegal, since the court of first instance did not fully examine the evidence in the case, the court’s conclusions do not correspond to the circumstances of the case, and the rules of substantive (and procedural) law were incorrectly applied.

When concluding the specified supply agreement in clause 6, the parties provided for a letter of credit form of payment. This assumes that the supplier fulfills its obligations under the supply agreement after the buyer issues the letter of credit. But the supplier Odin LLC, without waiting for the letter of credit to be opened, delivered the goods to Dva LLC, and therefore violated the delivery procedure stipulated in the contract on the basis Art. 509 And 516 Civil Code of the Russian Federation. But the court did not take this circumstance into account when making a decision in the case under consideration. And he ruled in favor of the plaintiff, referring to Art. , , 516 of the Civil Code of the Russian Federation, recovered 44,444 rubles from Dva LLC. 36 kopecks of debt and 5555 rubles. 26 kopecks penalty.

LLC “Dva” does not agree with this decision, as it believes that it is based on the incorrect application of civil legislation. Thus, the court decision to collect the debt, penalties, as well as the amount to reimburse expenses for paying the state duty, for a total of 666,666 rubles. 46 kopecks is erroneous.

Step 3. Making a request. A sample of an appeal to arbitration shows that it usually contains references to articles of the APC and the word “please”. You can ask to cancel the decision in whole or in part.

Example:

Taking into account the above and guided by Art. 257, 260, - 270 Arbitration Procedure Code of the Russian Federation,

P R O SH U

Cancel the decision of the Arbitration Court St. Petersburg and Leningrad Region dated November 11, 2017 in case No. A11-22222/2020 and refuse Odin LLC to satisfy the claims in full.

Step 4. Final part. It contains a list of attached documents, the signature of the applicant (or the person who represents his interests by proxy) and the date of preparation of the document.

Example:

Application

List of attached documents in accordance with Part 4 of Art. 260 APK. The documents are attached in the following order:

1. A copy of the contested decision.
2. A document confirming payment of the state duty.
3. A document confirming that a copy of the appeal has been sent to other persons.
4. A copy of the power of attorney for the right to sign the appeal, if the complaint is signed by the applicant’s representative.
5. Petitions, if any.
6. Other documents relevant to the case.

If you do not want your appeal to be left without progress, you must attach the following documents to it:

• a copy of the contested decision;
• receipt of payment of state duty;
• confirmation that the complaint has been sent to all persons involved in the case (postal checks);
• a power of attorney or other official document confirming the authority to sign the appeal.

Please note that the complainant is obliged to send to all participants in the case not only the text itself, but also all attached documents. This can be done either by registered mail with notification, or in person against signature.

Deadlines for submission and review

According to article 259 Arbitration Procedure Code of the Russian Federation, the parties have a month to appeal after the verdict. Current legislation provides for the possibility of extending the deadline for filing an appeal in the arbitration process if the applicant had valid reasons for missing it. To do this, it is necessary to submit a corresponding petition, indicating in it the reasons for the untimely filing of the appeal (illness, long departure, etc.). Also, the term will be restored if the applicant proves that he did not know about the court decision, the content of which affects his rights and obligations.

The Arbitration Procedure Code of the Russian Federation also establishes a reduction in the time for appeal (10 days) for some categories of cases, for example:

• in cases of bringing to administrative responsibility;
• in cases considered through simplified proceedings;
• in bankruptcy proceedings.

It is also necessary to remember that the appeal is filed through the first instance, which, in turn, transfers it to the appellate court within three days along with all the case materials.

To cancel or change a decision court of appeal of the first instance, which has not yet come into effect, a special procedural document is drawn up and filed - an appeal. Next, we will consider by whom and how it is issued, when and in what order it is submitted, and whether payment of state duty is required.

When and by whom is an appeal filed?

The ruling made by the arbitration court can be challenged by filing a complaint through the same court, as indicated in paragraph 1 of Art. 257 Arbitration Procedure Code of the Russian Federation. As a rule, cases that are related to contractual relations or the implementation of entrepreneurial activities are appealed. For example, cases concerning:

• protecting the company’s business reputation;
• challenging contracts;
• or bankruptcy of the organization;
• compensation for losses, etc.

The following persons have the right to challenge a judge’s decision:

• persons who took part in the case, including the plaintiff and defendant;
• persons who are not parties to the case, but the decision made directly concerns their rights and obligations;
• persons who are legal successors of the parties to the case, but who do not participate in the proceedings, after which an unsuitable decision was made;
• the prosecutor, even if he participated in court proceedings, but if the case is specified in paragraph 1 of Art. 52 Federal Law No. 95, as established in paragraph 1 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation.

In order for a complaint to be satisfied, there must be the grounds specified in Art. 270 Arbitration Procedure Code of the Russian Federation:

• the facts that influenced the consideration of the case were not fully or incorrectly determined;
• the adopted determination does not correspond to the evidence considered during the trial;
• the determination was made in violation or incorrect interpretation of applicable legal norms;
• the case was considered by a judicial panel that was not legally composed;
• the case was considered without persons who were improperly notified of the time and place of the hearing.

If the decision of the arbitration court is made in violation of accepted norms, it is subject to challenge.

Submission deadlines

In Art. 259 of the Arbitration Procedure Code establishes rules regarding the timing of filing a complaint, according to which an appeal can be filed within a month after the decision was made. Then, within 3 days, the complaint is forwarded to the higher court, and all available materials on the case are attached to it.

It is worth noting that some cases are subject to tight deadlines– they can be appealed only within 10 days from the date of the verdict. These are:

• cases related to bringing to administrative responsibility;
• cases that were considered in a simplified manner;
• cases regarding bankruptcy of organizations.

If the deadline has expired, only in one case will it be possible to start the paperwork - to restore it by filing an appropriate petition. In order for a satisfactory decision to be made regarding the restoration of deadlines, it is necessary to indicate good reason initial pass. This could be:

• serious illness, long business trip, ignorance of the deadline for appeal and other circumstances that are directly related to the applicant;
• ignorance of the court verdict directly affecting the rights and obligations of the applicant;
• receiving copies of the court decision after the period during which the execution was subject to appeal;
• lack of clarification by the court regarding the appeal procedure.

Only those complaints for which the appeal period has not expired or are accompanied by a petition with a request to restore this period are accepted for consideration.

Drawing up a complaint and its sample

If the complaint is filed incorrectly, the court may refuse to accept it for consideration, so special attention must be paid to this issue. The complaint can be filed with the help of a professional lawyer or independently; in any case, it must meet the requirements specified in Art. 260 APK.

It is filled in in this order:

1. The “header” of the application is drawn up, which consists of the following information:

• full name of the judicial authority;
• details of the parties involved in the case, for example, the plaintiff and the defendant ( legal entities indicate the name, TIN, OGRN and address, and individuals - full name, address of registration and actual residence, contact information);
• case number;
• document title (centered);
• full name of the court that made the unsuitable decision, the date of its adoption.

2. The main part is written, which consists of the following data:

• date of the verdict and its essence (claims of the plaintiff, facts established by the court);
• the essence of the requirements and the grounds on which the court verdict needs to be canceled or changed (to increase the chances of a successful appeal, it is worth referring to laws and circumstances that are of factual significance for the case).

The complainant has no right to demand something that was not considered in the appellate court of first instance. If there are new requirements, you will need to contact the arbitration court with a corresponding application.

3. The pleading part is indicated, which begins with the word “I ask” from the central part of the sheet. It is noted here whether the applicant wishes to completely reverse the decision or change its parts directly related to the identity of the applicant.

4. A final part is drawn up, which lists the names of the documents that are attached to the complaint. The part begins with the word “Applications”. So, to increase the chance of a successful appeal, you should attach the following documents:

• a copy of the unacceptable decision;
• a receipt confirming the fact of payment of the state fee (or documents stating that the applicant has benefits when paying the fee, or a request for an installment plan/deferment in payment or reduction of the amount of the fee);
• supporting documents stating that all parties to the case received a copy of the appeal (for example, such documents may be postal checks);
• a document stating that the person signing the complaint has grounds for this (for example, a power of attorney).

All documents attached to the complaint can be submitted in electronic format.

5. The signature of the applicant or his legal representative is placed opposite his initials, as well as the date of the complaint.

How to submit documents?

According to paragraph 1 of Art. 260 Federal Law No. 95, documents can be submitted in two formats:

• Written. The package of papers can be submitted directly in person to the court office or by registered mail, in which case you will need to make an inventory of the attachment and receive notification of the successful delivery of the letter.
• Electronically. All papers can be sent through the official website of the arbitration court. This was determined by the resolution of the Plenum of the Supreme Arbitration Court No. 80 of November 8, 2013.

It is necessary to send a complaint with a package of papers not only to the court, but also to all persons participating in the trial. According to paragraph 3 of Art. 260 Federal Law No. 95, this can be done by registered mail with receipt of receipt or by personal delivery with a receipt.

Without attaching a receipt confirming payment of government fees, the complaint will not be accepted, so review of the case will be impossible. To avoid this, you will need to pay a fee. Its amount is 50% of the state duty for filing a claim of a non-property nature, as specified in subparagraph. 12 clause 1 art. 331.21 of the Tax Code of the Russian Federation. So, if the state fee for a property claim is 6,000 rubles, then the state fee for filing an appeal is 3,000 rubles.

If the court satisfactorily considers the claims raised in the complaint, the applicant's opponents will likely be held liable for all legal costs.

Terms of consideration

According to Art. 267 of the APC, the appeal must be considered within 2 months from the date of its receipt. But it is worth noting that the paperwork will not be opened at all due to the following reasons:

• the complaint was filed by a person who does not have the right to do so;
• the applicant requests an appeal judgment, which cannot be reviewed in the framework of appeal proceedings;
• the deadline for filing an appeal has expired;
• the complainant personally withdrew his application;
• there are grounds on which the application should remain without progress (Article 263 of the APC).

If the court decides to return your appeal, after correcting any shortcomings, it can be resubmitted.

So, if the ruling of the appellate court has not yet entered into legal force, it can be appealed. To do this, a complaint must be sent to the court of first instance within 30 days from the date of proclamation of the unsuitable decision. It must be drawn up correctly, otherwise the appeal proceedings will not be initiated.