Brief appeal sample, example, form. Appeal against the decision of the arbitration court Sample appeal to the thirteenth arbitration court

In accordance with Article 257 of the Arbitration procedural code Russian Federation, the appeal is filed through the arbitration court that made the DECISION in the first instance.
In accordance with paragraph 2 of Article 272 of the Arbitration Procedure Code of the Russian Federation, appeals against rulings arbitration court of first instance are filed with the Arbitration Court court of appeal and are considered by it according to the rules provided for filing and consideration of appeals against decisions of the arbitration court of first instance, with the features provided for in part 3 this article.
According to paragraph 9 of the decision of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 36 dated May 28, 2009, an appeal against judicial act, including on the decision of the court of first instance, is subject to return on the grounds, established by the article 264 of the Arbitration Procedure Code of the Russian Federation, as well as if it is filed in violation of part 2 of article 257 or part 2 of article 272 of the Code directly to the court of appeal. If the appeal is filed directly with the court of appeal after the initiation of appeal proceedings on the complaint of another person, the court, in order to comply with the principle of procedural economy, decides on the issue of accepting this complaint for proceedings without returning it to the applicant.

Article 260 Form and content of the appeal

1. Appeal filed with the arbitral tribunal writing. The appeal is signed by the person filing the complaint or his representative authorized to sign the complaint.

2. The following must be indicated in the appeal:
1) the name of the arbitration court to which the appeal is filed;
2) the name of the person filing the complaint and other persons participating in the case;
3) the name of the arbitration court that adopted the contested decision, the number of the case and the date of the decision, the subject of the dispute;
4) the requirements of the person filing the complaint and the grounds on which the person filing the complaint appeals against the decision, with reference to laws, other regulatory legal acts, the circumstances of the case and the evidence available in the case;
5) a list of documents attached to the complaint.

The appeal may include phone numbers, fax numbers, addresses Email and other information necessary for the consideration of the case, as well as the available petitions.

3. The person filing the appeal is obliged to send to other persons participating in the case, copies of the appeal and the documents attached to it, which they do not have, by registered mail with acknowledgment of receipt, or hand them over to other persons participating in the case, or their representatives. personally on receipt.

4. The following shall be attached to the appeal:
1) a copy of the contested decision;
2) documents confirming payment state duty in established order and the amount or the right to receive relief in the payment of the state fee, or an application for a deferment, installment payment of its payment or a reduction in the amount of the state fee;
3) a document confirming the direction or delivery to other persons participating in the case, copies of the appeal and documents that they do not have;
4) a power of attorney or other document confirming the authority to sign the appeal.

An appeal against a ruling of an arbitration court on the return of a statement of claim must also be accompanied by the returned statement of claim and the documents attached to it when it was filed with the arbitration court.

NOTE In case of filing an appeal on the last day of the term through the post office, in order to properly consider the issue of accepting the appeal for proceedings, the Thirteenth Arbitration Court of Appeal recommends attaching to the appeal a postal receipt confirming the date of submission of the appeal to the post office.

To the Thirteenth Arbitration Court of Appeal;

191015, St. Petersburg, Suvorovsky pr., 65.

DEFENDANT: Limited Liability Company "X"

199106, St. Petersburg,

PLAINIT: Limited Liability Company « Y»;

196655, St. Petersburg,

APPEALS

By the decision of the Arbitration Court of St. Petersburg and the Leningrad Region dated October 19, 2011 in the case No. A56- (judge) the claim of LLC " Y" to LLC "X » on the recovery of debt under a work contract in the amount of RUB 4,583,917.74. and expenses for state duty in the amount of 45 919 RUB. In satisfaction of the counterclaim of LLC " X » on recovery from LLC « Y » RUB 1,510,831.46 penalties for violation of the terms of fulfillment of obligations, 20,022.43 rubles. reimbursement of expenses for payment of electricity, reimbursement of 38,308.53 rubles. state duties and 69,000 rubles. the costs of paying for the services of a representative, denied.

The defendant disagrees with the said decision of the court of first instance and considers it unlawful for the following reasons.

According to the decision of the court “According to clause 3.1.2. of the contract, the customer is obliged to ensure readiness at the facility construction site to the performance of work and before the start of work, transfer it under an act signed by both parties. To date, the act on the transfer of the site has not been signed.

However, it is not clear from the court decision on the basis of what circumstances the court concluded that the said act. Also, the said decision does not indicate how the non-signing of this act, if such a circumstance took place in reality, affected the contractor's compliance with its obligations.

The court's conclusion that "after the conclusion of the contract LLC" X "made changes to the project, in connection with which it was necessary to make a change in the estimate of work and materials" is not justified by the case materials. A statement about. that "the answer to the letter of OOO" Y "dated December 21, 2009, outgoing No. 21-1 / 12 was not followed" is also not consistent, because No basis for such an assertion is given.

An indication in the judgment that "04/15/2010 (outgoing No. 15-1 / 10) LLC" Y "notified that the work was completed in places where it was possible to approach the building, due to the impossibility of performing further work, the work is suspended" in itself does not release the contractor from the obligation to comply with the deadlines for the performance of work, because and after April 15, 2010, they continued to perform work under the contract.

Thus, the conclusions of the court on the absence of grounds for the application of LLC " X » Penalties for violation of the deadlines for the performance of work LLC « Y ” are untenable and not based on the materials of the case.

Also untenable are the court's conclusions that "the demand for payment for electricity was made according to the acts of February-March 2011, while all acts of the form KS-2 were signed in 2010, therefore, work has not been carried out at the facility since January 2011."

First, payment by the contractor for the electricity used is provided for by the terms of the contract.

Secondly, there is no evidence in the case file that LLC “ Y » made such payment.

And thirdly, the date of drawing up acts on the use of electricity does not affect the fact of its use by the contractor during the period of work.

In addition, LLC Y »does not deny the very fact of electricity consumption for the performance of work under the contract and at the expense of OOO « X".

Thus, the trial courtcircumstances relevant to the case have not been fully clarified, circumstances relevant to the case that the court considered established have not been proven, the conclusions set out in the court decision do not correspond to the circumstances of the case. These circumstances are unconditional grounds for the annulment of this court decision.

Based on Art.Article. 257-260 APK RF,

ASK:

decision of the Arbitration Court of St. Petersburg and the Leningrad Region dated October 19, 2011 in case No. A56 - cancel and adopt a new judicial act in the case.

APPENDIX:

1. A copy of the court decision

2. Payment order for payment of state duty RUB 22,959.50

3. Postal receipt for sending a copy of the complaint LLC " Y".

4. A copy of the power of attorney for the representative.

An appeal to the Arbitration Court is procedural document, in which the applicant asks to cancel or change what has not entered into legal effect first instance decision.

Basic Rules for Appeal to 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 did not participate (if a judicial act was issued 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 in it 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 the circumstances relevant to the case;
lack of evidence established by the judge of the circumstances that influenced the outcome of the case;
inconsistency of the conclusions of the judge with the available evidence;
violation or misinterpretation by the judge of the norms of substantive or procedural law.

According to article 262 of the Arbitration Procedure Code of the Russian Federation, the 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.

Compilation procedure

Step 1. Hat, which includes:

full name of the court;
details of persons involved in litigation(for organizations, this is the name, TIN, PSRN, address, for individuals - full name, passport details and contact information);
the name of the arbitration court that adopted the appealed decision, the number of the case, the date of the decision, the 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.

Respondent: OOO "Dva"

191000, St. Petersburg,

st. Kuznetsovskaya, 33.

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

The 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. А11-22222/2020

Step 2. Main body of the appeal. Here it is necessary to describe the essence of your requirements and the grounds on which the decision is being appealed. To increase your chances, you should indicate links to laws and other significant circumstances that are relevant to the case.

Example:

Odin LLC filed a lawsuit against Dva LLC to recover 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, 333,333 rubles were recovered from LLC Dva in favor of LLC Odin. 36 kopecks of debt and 3333 rubles. 26 kopecks of a penalty, total 336,666 rubles. 62 kopecks, as well as 2632 rubles. 83 kopecks in reimbursement of expenses for the payment of 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 norms of substantive (and procedural) law are incorrectly applied.

At the conclusion said agreement deliveries in clause 6, the parties provided for a letter of credit form of payment. This assumes that the supplier fulfills his obligations under the supply contract after the buyer opens a letter of credit. But the supplier LLC Odin, without waiting for the opening of the letter of credit, delivered the goods to LLC Dva, in connection with which he violated stipulated by the treaty delivery order based on Art. 509 And 516 of the Civil Code of the Russian Federation. But the court did not take this circumstance into account when deciding on the case under consideration. And ruled in favor of the plaintiff, referring to Art. , 516 of the Civil Code of the Russian Federation, recovered from OOO Dva 44,444 rubles. 36 kopecks of debt and 5555 rubles. 26 cents penalty.

Dva LLC does not agree with this decision, as it believes that it is based on the incorrect application of the norms civil law. Thus it is the court's decision to collect debts, penalties, as well as the amount of reimbursement for the payment of state duty, the total total amount of 666 666 RUB. 46 cents is wrong.

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

Example:

Given the above and guided by Art. 257, 260, - 270 APC RF,

ASK

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

Step 4. The 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 the document was drawn up.

Example:

Appendix

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

A copy of the contested decision.

A document confirming the payment of state duty.

A document confirming the sending of a copy of the appeal to other persons.

A copy of the power of attorney for the right to sign the appeal, if the complaint is signed by the representative of the applicant.

Applications, if any.

Other relevant documents.

If you do not want your appeal to be dismissed, you must attach the following documents to it:

a copy of the contested decision;
receipt of payment of state duty;
confirmation of the direction of the complaint to all persons participating in the case (postal checks);
a power of attorney or other official paper 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 the attached documents. This can be done either by registered mail with notification, or in person against receipt.

Deadlines for submission and consideration

In accordance with Article 259 APC RF, the parties have a month to appeal after the verdict. The current legislation provides for the possibility of extending the period for filing an appeal to arbitration process if the applicant had good reasons his passes. To do this, it is necessary to file an appropriate application, indicating in it the reasons for the delay in filing an appeal (illness, long-term departure, etc.). Also, the term will be restored if the applicant proves that he did not know about judgment 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 certain categories of cases, for example:

on cases of bringing to administrative responsibility;
in cases considered in summary proceedings;
in bankruptcy proceedings.

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

Appeal against the decision of the Arbitration Court. By the decision of the Arbitration Court, the defendant in favor of the plaintiff was recovered on account of the debt cash and reimbursement court costs on payment of state duty. The said decision of the court the defendant considers illegal, unreasonable and subject to change. The defendant asks the court to change the decision of the Arbitration Court on the claim of the plaintiff against the defendant. Adopt a new judicial act on the case, which claim plaintiff to the defendant for the recovery of debt - partially satisfy.

To __________ Arbitration Court of Appeal
_____________________________________________

plaintiff: LLC "_____________________________"
Mailing address:________________________________

Respondent: LLC "_______________________________"
Legal address:____________________________

Government duty: ______________________

Case: No. _________________

APPEALS

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

By the decision of the Arbitration Court of _______ dated __________, from the Limited Liability Company "______________" in favor of the Limited Liability Company "____________" ___________ rubles __ kop. and reimbursement of court costs for payment of the state fee - ______ rubles.
I consider this decision of the court illegal, unreasonable 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 annexes), under which the defendant supplied the goods to the plaintiff.
According to the terms of the supply agreement for the supplier, in addition to the obligations to supply the 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 pays the buyer the amounts of discounts and premiums agreed by the parties specified 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 premiums are determined and established by Annex No. __ to the framework agreement.
The volume of commodity purchases under the framework contract is determined in the annual certificates of volumes, the fact of delivery for ___________ y.y. also confirmed by the consignment notes presented in the case.
In addition, the plaintiff, within the framework of obligations under the framework agreement, issued invoices for the payment of premiums, which is documented.
And, since, as the court pointed out in its decision, the plaintiff provided evidence of debt under the supply agreement to the payment of the premium, the claims should be recognized as legitimate, reliable, proven and subject to satisfaction.
However, the trial court unreasonably reached such a premature conclusion by not fully examining the actual circumstances of the case.
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 term is not established by law or not agreed 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 - the amounts to be withheld after the transaction is paid to the buyer once a year for the period up to ___________ of the previous year, while the total amount of turnover achieved by the buyer and supplier for the reporting period is taken as the basis for calculations.
Satisfying the claims, the court of first instance referred to the act of reconciliation between the parties, which, allegedly, as the representative of the plaintiff claimed, reflected the amount of debt on the actually delivered and sold goods.
However, these statements are not true.
The court of first instance in favor of the plaintiff recovered _______ ruble __ kopecks.
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 the incomplete clarification of the circumstances relevant to the case.
All of the above circumstances led to the issuance of an unjust decision that violates the rights and legitimate interests OOO "________________________".
Based on the above and guided by Article.Article. 4, 257, 259, 260, 270, APC RF, -

P O W U S U D:

1. The decision of the Arbitration Court of _______ dated __________ in case No. __________________ on the claim of _____________ LLC against _______________ LLC for the recovery of debt - amend.
2. Adopt a new judicial act in the case, by which the claims of LLC "__________________" against LLC "______________" for the recovery of debt - partially satisfy, recovering from LLC "____________________" in favor of LLC "__________________" in compensation of debt ______ rubles __ kopecks.
3. To recover from LLC "_____________________" in favor of LLC "_____________________" the costs of paying the state fee in the amount of __________ rubles.

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

CEO
OOO "____________________" _____________

" " ________________ of the year

To the Thirteenth Arbitration Court of Appeal
191015, St. Petersburg, Suvorovsky prospect, 65.

Claimant: Gondareva Irina Alexandrovna,
registered at the address: St. Petersburg,
Rostovsky prospect, house. 129, apt. 191,
passport 49 203 No. 73867027,
issued by the 51st O/M of the Moskovsky district of St. Petersburg.
Address for correspondence:
185167, Moscow, Leningradskoe shosse, 947, building 19, of. 8449.

Claimant's representative - Garant Ltd LLC,
Tel. 8-495-4971-71-99, 8-966-963-79-43.

Respondent: Feder Alexander Karlovich,
registered at the address: Leningrad region,
St. Petersburg, st. Central alley, 766 sq. 991,
passport 751 798 02378576, issued on August 31, 2013
TP No. 528 of the Priozersky Island of the Federal Migration Service of Russia
in St. Petersburg and the Leningrad region.

Respondent: Limited
Responsible Publishing House
"Progress, innovations ltd.",
OGRN 199784371289210, location address:
176343, St. Petersburg, pl. Pravdy d. 92, of. 3187.

State. duty: 2000 (two thousand) rubles

Case No. А56-3118-6509/2014

Brief
to the determination of the Arbitration Court of St. Petersburg on arbitration case№ А56-31186509/2014

On January 25, 2014, the St. Petersburg Arbitration Court issued a ruling, according to which the court terminated proceedings in case No. A56-3118-6509 / 2014 “on recognition invalid contract dated July 01, 2012 No. 83-PRK "on the transfer of rights to publish printed materials" concluded between Alexander Karlovich Feder and the Limited Liability Company Publishing House"Progress, innovations ltd.".

The plaintiff believes that the issued ruling is illegal and subject to cancellation, since it was adopted in violation of substantive and procedural law.

Based on Art. 27, 28 of the Arbitration Procedure Code of Russia, as well as in accordance with paragraph 2, 3 of clause 2 of the Resolution of the Supreme Arbitration Court of the Russian Federation of December 9, 2002 No. 11 Arbitration courts are authorized to consider in the manner arbitration proceedings disputes related to civil relations on economic disputes related to the implementation of entrepreneurial and other economic activity. Industry-99 magazine (hereinafter referred to as the "Journal") was established by the Claimant and the Respondent in accordance with current legislation, namely the Law of the Russian Federation of December 27, 1991 No. 2124-1 "On the Mass Media".

In accordance with clause 2.1. - 2.5. of the Charter, Editorial Board of the Progress, Innovations Ltd. Magazine carries out business and entrepreneurial activity in full, namely, it has settlement accounts, separate property, concludes agreements on its own behalf, etc. Based on clause 2.7. of the Charter, the Editorial Board of the Journal performs any types of production, economic and commercial activities. In accordance with article 4.1. of the disputed agreement dated July 01, 2009 No. 83-PRK "on the transfer of rights to publish printed materials" (copy in the case file, Appendix No. 5 to statement of claim) the publication of the Journal brings profit, 5% of which is paid to the Respondent. Based on the foregoing, it can be concluded that the Journal was created by the Claimant and the Respondent, including for the implementation of economic and other business activities.

Moreover, Plaintiff and Defendant are individual entrepreneurs without organization legal entity, in connection with which, this case is under the jurisdiction of the arbitration court (copies of Extracts from the USRIP).

Based on the foregoing, in accordance with Art. 8, 9, 11, Civil Code of the Russian Federation, Art. 151, 181, 272 APC RF,

ASK:

1. Cancel the decision of the Arbitration Court of St. Petersburg dated January 25, 2014 in case No. А56-3118-6509/2014.

Appendix:

1. A copy of the Extract from the USRIP in respect of Feder A.K.

2. A copy of the Extract from the USRIP in respect of Gondareva I.A.