From June 1, 2016, amendments to clause 5 of Art. 4 of the Arbitration Procedure Code of the Russian Federation, providing for the mandatory filing of a claim with a counterparty for 32 types of disputes.
The peculiarity of drawing up a claim is that the law cannot find a list of these requirements, but they are well known to a practicing arbitration lawyer based on the practice of considering cases in an arbitration court.RULES FOR WRITING A PRE-TRIAL CLAIM:
- The claim must be addressed and sent to all known addresses.
Your opponent in court may argue that the claim procedure was not followed, which means that the case may be left without consideration. You need to send a claim to the correct address.
Send to the legal address of the company i.e. at the home address where the company is registered according to the Unified State Register of Legal Entities. Check the contract specifies the postal address of the company in the contract and send there.
The court needs proof of sending the claim with documents related to the dispute. Ways to send claims:
by e-mail, Russian post or other postal service, through various instant messengers.
It is better to submit your claim by postal service.How do I submit a claim by mail?
To do this, you fill out an inventory form f. 107 (the form can be filled out on the website), enter in the lines in the order "claim from" __ "____ 20__ under the contract ..., contract ____, payment order" i.e. all documents and evidence on the basis of which your claims are based.
- The size of the claims made in the claim must correspond the size of the claims that you plan to make in court. Otherwise, it may result in a refusal to accept the statement of claim for production.
- The claim must contain a list of violations committed by the debtor and a detailed reference to the legal regulation applied in these legal relations.
- If there are several debtors, then all of them must be indicated in the claim and motivated claims must be made to each of them.
- Term of consideration of the claim:
After submitting a claim, you need to wait 30 days. This is the period for considering a claim is established by law. If you apply before this deadline, the court may not accept the statement of claim because this period has not expired, and it is considered that the debtor can still extinguish the claims out of court.
These conclusions are often found in the practice of the Moscow Arbitration Court (Decision of the Moscow Arbitration Court of January 23, 2020 in case No. A40-241402 / 2019, Decision of the Moscow Arbitration Court of December 20, 2018 in case No. 138502/2018, Decision of the Moscow Arbitration Court dated October 4, 2019 in case No. A40-176851 / 2019)
A well-reasoned claim can start the negotiation process with the debtor. Any commercial company uses the services of a lawyer. Having studied the claim, the lawyer of the debtor's company can objectively assess the litigation and advise the head of the pre-trial payment of the debt or other options for resolving the conflict.
These are the basic requirements that any claim must meet. This applies to claims under a service agreement, claims for non-performance of a contract, claims under a sales contract, claims for arrears under a contract, a claim under a lease agreement, and others.
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