Arbitration process Examination

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Uploaded: 14.03.2019
Content: Арбитражный процесс Контрольная Вариант 2.rar 283,29 kB

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Problem number 1

Egorov A.A. He filed a claim with the Moscow Arbitration Court for the recovery of debt under the contract of sale of an apartment from LLC “Your House”. The Moscow Arbitration Court returned AA Yegorov. statement of claim on the basis of paragraph.1 h.1 Article. 129 APC RF. When justifying the return, the court indicated in the determination that the claimant’s claim, which was not endowed with the status of an individual entrepreneur, was beyond the jurisdiction of the arbitral tribunal.
Question: Has the Moscow Arbitration Court acted correctly?
Problem number 2

By a decision of the Arbitration Court of the Moscow Region, a unitary enterprise was denied a lawsuit against the Company to invalidate the cession agreement. By the decision of the Tenth Arbitration Court of Appeal, the decision of the court of first instance was canceled and the claim was satisfied (presiding judge G., judges I. and F.).
By a decision of the Arbitration Court of the Moscow District, the decision of the court of appeal was canceled and the case was sent for a new consideration to the court of appeal with reference to the unexplored circumstances relevant to the case.
The court sessions of the appellate court of the presiding judge G., judges T. and F. were twice postponed. By order of the chairman of the judicial structure of the Tenth Arbitration Court of Appeal in connection with the illness of Judge G., he was replaced as the presiding judge by Judge I., and due to the leave of Judge F., he was replaced by Judge P. Judge T., Judges I. and P. The Court in this composition, by its decision, annulled the decision of the court of first instance, satisfied the claim.
By a decision of the Arbitration Court of the Moscow District, the said decision of the appellate court was also canceled and the case was again sent for a new consideration to the court of appeal. As the court of cassation indicated, the case was considered by the court of appeal in an illegal composition and in violation of the Instruction on clerical work in arbitration courts: when forming the composition of the court, the rules of art. 18 of the APC of the Russian Federation on the procedure for replacing a judge (the distribution of the case must be repeated also in an automated mode) and, in addition, the order to replace the judges contains conflicting information about who is the presiding judge in the case.
 
Questions:
1. Are there violations of the rules of arbitration proceedings on the formation of the composition of the court at different stages of the consideration of the case?
2. Give the definition of the term "illegal composition of the court."
3. Evaluate the arguments of the court of cassation.
4. Name the legal consequences of the arbitral tribunal of the judicial act in an illegal composition.
Problem number 3

The decision of the arbitration court resolved the dispute between the meat factory and the wholesale company on the execution of the supply agreement. The arbitration court ordered the plant to compensate the company for its losses. However, the plant refused to execute the decision, citing the fact that it had not been notified of the place of consideration of the case. The company applied to the arbitration court for issuing a writ of execution to enforce the decision of the arbitral tribunal, indicating that the plant changed its legal address during the consideration of the case and therefore the notification was sent to it at the previous address.
Question: Is it possible in this case to enforce the decision of the arbitration court?
Option: The plant appealed to the prosecutor with a request to send to the arbitration court an application to cancel the decision of the arbitration court in connection with the violation of the procedure of the proceedings in the arbitration court. Question: Is the prosecutor entitled and in which cases should he apply to the arbitral tribunal for annulmen

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