Civil procedural law. The procedure for executing an arbitration award (the most important)

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Civil procedural law. The procedure for executing an arbitration award (the most important)

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87. PROCEDURE FOR THE ENFORCEMENT OF THE DECISION OF THE COURT OF ARBITRATION

The decision of the arbitral tribunal is executed voluntarily in the manner and terms established in the decision. If no deadline is set, the decision is subject to immediate execution.

If the decision of the arbitral tribunal is not executed voluntarily within the established period, then it is subject to compulsory execution.

Enforcement of the decision of the arbitration court is carried out according to the rules of enforcement proceedings in force at the time of execution of the decision of the arbitration court, on the basis of a writ of execution issued by the competent court for the enforcement of the decision of the arbitration court.

The order of execution of the decision of the arbitration court.

1. Application for the issue of a writ of execution - filed with the competent court by the party in whose favor the decision was made. An application for the issuance of a writ of execution may be filed no later than 3 years from the date of expiration of the period for voluntary enforcement of the decision of the arbitration tribunal.

An application for the issuance of a writ of execution, which was filed with a missed deadline or to which the necessary documents were not attached, is returned by the competent court without consideration, about which a ruling is issued, which can be appealed in the manner established by the arbitration procedural or civil procedural legislation of the Russian Federation. The competent court has the right to restore the deadline for filing an application for the issuance of a writ of execution if it finds the reasons for missing the specified deadline valid.

2. Consideration of the application - an application for the issuance of a writ of execution is considered by a judge of the competent court alone within 1 month from the date of receipt of the application by the competent court. The parties shall be notified of the time and place of consideration of the said application, however, the absence of the parties or one party shall not be an obstacle to the consideration of the application.

3. Determination - based on the results of consideration of the application for the issuance of a writ of execution, the competent court shall issue a ruling on the issuance of a writ of execution or on the refusal to issue a writ of execution. The decision of the competent court to issue a writ of execution shall be subject to immediate execution.

The competent court shall issue a ruling on refusal to issue a writ of execution in cases where:

1) the arbitration agreement is invalid;

2) the decision of the arbitral tribunal is made on a dispute not provided for by the arbitration agreement or not subject to its conditions, or contains rulings on issues that go beyond the limits of the arbitration agreement;

3) the composition of the arbitral tribunal or the arbitral proceedings did not comply with the law;

4) the party against which the decision of the arbitral tribunal was made was not properly notified of the election (appointment) of arbitrators or of the time and place of the arbitral tribunal's session, or for other reasons could not submit its explanations to the arbitral tribunal. A writ of execution issued for the enforcement of a decision of an arbitration court shall be subject to execution in accordance with the general rules of enforcement proceedings.

Author: Gatin A.M.

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