Tribunal Courts
The number of claims processed in various courts of judicial system of Russian Federation has increased substantially in the recent years due to increased number of individuals and organizations that go to court for legal protection.
In order to relieve the judges of some of the case load, as well as speed up dispute resolution for individuals and corporate bodies, there is an option to have the case examined not by the state court, but by the Tribunal Court. According to article 1 of the State Law on Tribunal Courts in Russian Federation, Tribunal Court can process any civil claim unless otherwise stated in federal legislation. By signing a contract, the two sides can decide in advance on the court where their potential future disputes will be examined. If the sides agree (within the body of the contract) to have the dispute examined by Intermediate Court, such agreement is called “arbitrary agreement”. Arbitrary agreement can also be signed as a separate document, or by other means (telegraph, teletype, facsimile etc).
Arbitrary agreement can be applied to all or some disputes of the contract (as deemed appropriate by the sides), which will or could arise from particular violations: contract, agreement, deal or other commitment. Today there are many Tribunal Courts who process the disputes in various business areas and who specialize in different subject matters. It is important to note that a dispute can be transferred to Tribunal Court at any stage, including during examination by Court of General Jurisdiction or Arbitration Court up until the resolution is announced by such court, but the decision to pass the case to the Tribunal Court must be mutual between the arguing parties
Examination of disputes in Tribunal Court is carried out by professional and independent judges. Tribunal Court judge is an elected (appointed) individual who is capable of evaluating and resolving the argument and who does not have direct or indirect interest in the outcome, and is independent from both parties.
In Tribunal Court, the judge is selected by the parties. During their research, the sides can evaluate the competency and expertise of the judge in the subject matter. Furthermore, the judge will keep confidential any information obtained during the court hearing and cannot breach confidentiality without permission from the sides. The judge cannot be questioned as witness about the facts made known to him during the Tribunal Court hearing.
The key advantage of the Tribunal Courts is the fact that the resolution is final and binding. Between applying for Tribunal Court hearing to receiving the writ of execution passes about 40-60 days while the process in other courts of Russian judicial system can take on average 120-180 days, plus potential subsequent proceedings in Court of Appeal and Court of Review which can take years.
At Legal centre INDEPENDENCE we can help you cover all of the possible disputes, lower the tribunal process fees, assist in selecting a judge and protect your legal rights and interests.