The arbitration process is almost 10 situations

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Uploaded: 06.06.2013
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Compilation of case studies
on the subject "The arbitration process, 10 situations"

Situation 1.

State Tax Inspectorate Shpakovsky district appealed to the Stavropol regional arbitration court to recover from the businessman Glotova LV penalty in the amount of 7157000 rubles. for violation of the Federal Law "On the application of cash registers in settlements with the population." After the case was taken to the production, expired certificate on state registration Glotova LV as an entrepreneur. How should I handle this court?
Situation 2.

The prosecutor of the Yamalo-Nenets Autonomous District to protect national and public interests appealed to the Supreme Arbitration Court of the Udmurt Republic, with a lawsuit to recover from the State Geological Enterprise for exploration of oil and gas "Udmurtgeologiya" 207589543 rubles. damage caused by unauthorized seizure of land for agricultural purposes. The definition of the court to accept the application was denied. The refusal is motivated by the fact that in accordance with Art. 41 of the APC in the Supreme Arbitration Court of the Udmurt Republic with the claim could address only the prosecutor of the Udmurt Republic, or his deputy, as the public prosecutor of another entity of the Russian Federation is not granted such a right. Is it legal to this definition?

Situation 3.

The Prosecutor of the Republic of Belarus, Vitebsk region sued in the Court of Arbitration of St. Petersburg and Leningrad region to recover from the JSC "Spline 94 'debt for delivered products. How should do in this case, the Arbitration Court of St. Petersburg and Leningrad region?

Situation 4.

JSC "Taimyr" appealed to the arbitration court against the individual entrepreneur for the recovery of 16346 826 rub. The statement of claim the plaintiff requested that the claim by the seizure of the money that the defendant keeps cash in a commercial bank in a special storage, not in their accounts. Whether a court of arbitration in this case to provide an action?

Situation 5.

The plaintiff, after the presentation of the claim, increased the size of the claim, but the state fee in the relevant part of underpaid. Whether a court in this case, return the statement of claim the plaintiff?

Situation 6.

TOO "Monitor" appealed to the Arbitration Court of the Arkhangelsk region, a statement of acceptance of its insolvent (bankrupt).
Simultaneously, the debtor filed a petition for postponement of payment of state fees. The definition of court denied the petition with reference to the failure of evidence on the use of borrowed funds by the debtor or the sale of the property for the payment of state fees. In this regard, the statement of the debtor returned without consideration.
In addition, in determining the court pointed to the need to provide assurance that the debtor has the means to carry out bankruptcy proceedings, without which it is impossible to give a ruling on exclusion of the company from the state register.
Is entered court?
Situation 7.

Specialized Investment Fund of Privatization "East" has addressed with a claim to the JSC "Kyshtym Machine Building Plant" on the termination of the contract of a prisoner - the sale of shares OJSC "Chelyabinsk factory of road cars to them. Kolyuschenko. " What could be the subject of proof in arbitration court in this case, or any circumstance must be set to resolve the dispute?

Situation 8.

Arbitration Court satisfied the claim of the company on a partial recovery from the defendant of arrears of payment products delivered and penalties for late payment on the day of the claim.
Resolution of the appellate court decision upheld.
In the appeal the plaintiff requested to change the decision and the decision of the arbitral tribunal and to recover from the defendant to pay the debt in full produc

Additional information

Situation 9.

According h. 2 tablespoons. 25 of the APC, a lawsuit against the entity arising from the activities of its separate division, presented at the location of a separate division.
Which court should be sued to the legal entity, flowing from the activities of its subsidiary, if at the time suing activities of the branch stopped?

10 situation.

Closed Joint Stock Company "Privat-Invest" appealed to the Moscow Arbitration Court with a suit against JSC "National Financial Office" for the recovery of 191.5 million rubles. indebtedness under the contract of 10.04.95, the number F051-95.
The court ruling on 02/27/96, in adopting the statement of claim is denied on the basis of para. 1, Art. 107 of the APC with an explanation that the dispute is not subject to arbitration, as referred to in Clause 4.4 of the contract provides that disputes arising during its execution shall be settled by the Arbitration Commission at Moscow Commodity Exchange.
Resolution of the appellate court upheld the determination.
Is this true, and why?

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