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Legal representation by an attorney in an arbitration court in Russia

Representation in arbitration courts: the cost in Moscow

Familiarization with the case materials

RUB 30,000

Preparation of a claim / response to a claim

RUB 60,000
Preparation and filing of a statement of claim /  statement of defense
RUB 70,000
Participation in court sessions (for 1 session)
RUB 60,000
Preparation of an appeal / response to an appeal
RUB 70,000
Preparation of a cassation appeal / response to a cassation appeal
RUB 70,000

Interaction with lawyers when executing a representation

Initial consultation

Before starting a case, it is necessary to consult to find out all the circumstances and the availability of evidence and to assess the chances of a successful resolution of the case. As part of the consultation, the lawyer learns important details, on the basis of which he/she further builds a legal position, finds out whether the pre-trial dispute settlement procedure has been complied with, and gives the customer advice on interacting with the defendant's side

Preparation of a pre-trial claim
If, before contacting a lawyer, the customer did not send a claim to the defendant (when compliance with the pre-trial procedure is mandatory), then the lawyer draws up a claim and submits it to the defendant. The claim indicates all the circumstances of the case and prescribes the requirements to the other party. Such a dispute settlement procedure allows one to save costs for the proceedings, within the framework of which it will be necessary to pay the state fee, the services of a representative (when contacting a lawyer), and other expenses (services of an expert, specialist, translator, etc.)
Preparation and filing of a statement of claim
If the pre-trial procedure did not help to resolve the dispute and the other party refused to satisfy the requirements, then there is a need to draw up a claim and submit it to the competent court. The lawyer assists the customer in collecting evidence, forms a legal position, prepares a statement of claim in accordance with the requirements of the law, determines jurisdiction, and files a claim with the necessary court
Representation of the client’s interests in court
When considering a statement of claim according to the general rules, the judge appoints a court session. In order to defend your position and refute the evidence and words of the other side in time, participation is necessary. The lawyer studies the arguments of the other party, prepares objections to each argument, and puts them up for review by the court. Participation in the hearing also helps to track the mood of the other party and the court, assess the chances and provide additional evidence, and file petitions
Support after the issuance of the final judicial act
The interaction between the lawyer and the customer does not end with the end of the proceedings. After the decision is made, there is a need to obtain a writ of execution and recover costs. The lawyer prepares the necessary applications, collects supporting documents, and sends them to the court; in case of objections, they prepare explanations
Enforcement proceedings
After receiving the writ of execution, the lawyer determines the necessary bailiff department or bank, prepares an application for the initiation of enforcement proceedings, and sends it. At this stage, it is also important to comply with all the requirements established by law and initiate enforcement proceedings promptly. The lawyer accompanies the enforcement proceedings until full collection, conducts all communication with bailiffs or the bank, and prepares and submits the necessary applications

The concept of arbitration representation

Representation in an arbitration court is a legal relationship in accordance with which one person (attorney, lawyer, etc.), on the basis of his/her powers, acts on behalf of another person (legal entity or individual) and protects his/her interests. Participants in the process have the right to conduct their affairs personally or through representatives

What is important: Conducting a case in person does not deprive an individual of having representatives

Legal regulation

The main source of legal regulation of representation in the arbitration court service is the Arbitration Procedure Code,
namely Chapter 6
This Chapter contains 5 articles (59-63), which establish the main provisions.
  • Thus, Article 59 establishes the possibility of conducting cases and the list of persons who can be representatives
  • Article 60 specifies who cannot be a representative
  • Article 61 sets out how powers should be formalized and what the procedure is for their confirmation
  • Article 62 provides a list of powers, in particular "special" ones, which should be specified in the power of attorney
  • Finally, Article 63 describes how the powers of a representative are verified
For an attorney, there is an additional legal regulation in the form of the Federal Law "On Legal Practice and Advocacy in the Russian Federation" dated 31.05.2002, No. 63-FZ, which establishes the rights and obligations of an attorney

Customer reviews

Innovative Medicine LLC
We express our gratitude to Afonin, Bozhor & Partners for many years of judicial support in disputes related to the recovery of debts for services and license fees, as well as for participation in bankruptcy cases (protection from the claims of the bankruptcy trustee of debtors, inclusion in the register of creditors' claims, and challenging debtors' transactions for the return of property to the bankruptcy estate). The company employs a whole team of experienced arbitration lawyers
A lawsuit was filed against us for 1,000,000 rubles for violation of trademark rights. The copyright holder refused to settle out of court. As a result, on the advice of friends, I turned to this law firm. After analyzing the materials, they said that there was a high chance of winning, since the trademark in our case is used for informational purposes. The case was considered in a simplified manner. We expected that the court would take pity on us as a small business and recover 300,000 – 500,000 rubles. We prepared a response, several months passed, and as a result, the court completely refused to satisfy the claims, and we saved 1 million rubles. Case A40-19718/2024
Perimeter Group LLC
Status Grunt LLC
We express our gratitude to the team of Afonin, Bozhor & Partners for the collection of debts of more than 4 million rubles under special equipment lease agreements. The case was complicated by the debtor's refusal to sign some certificates, in connection with which it was decided to divide the collection into two disputes—with signed and unsigned certificates. In the second dispute, lawyers did a lot of work to collect primary documents (evidence was collected bit by bit). As a result, the funds were received in full

Procedure for issuing a power of attorney.

A power of attorney is a written authorization issued by one person to another person or other persons for representation before third parties

What is important: Powers of attorney on behalf of minors and on behalf of incapacitated people are issued by their legal guardians

For different entities, there are options for powers of attorney:
  • for individuals and individual entrepreneurs without a seal—a notarized form of a power of attorney
  • for an individual entrepreneur with a seal—a simple power of attorney with a seal impression
  • for organizations—a simple power of attorney with a seal impression
To execute a notarized power of attorney, the principal should personally apply to a notary with a passport and data of the representative. It is recommended to send a draft power of attorney to the notary in order to speed up the issuance procedure and indicate all the necessary powers

A power of attorney on behalf of a legal entity is issued under the signature of its director or another person authorized to represent it in the arbitration process in accordance with the law and constituent documents

Usually, the lawyer sends the principal a draft power of attorney indicating all the important data

The power of attorney should specify:
а) the name of the document
б) the place of its execution (city (village, settlement, district), territory, region, republic, autonomous region, autonomous district in its entirety), and in the case of certification of the power of attorney outside the premises of a notary's office, also the address of certification
в) the date of its execution (the date, month, and year of execution of the power of attorney shall be indicated in words)
г) information about the represented person and the representative:
- in relation to an individual, the full name and place of residence (if any) should be indicated
- in relation to a legal entity, the full name, address, location, and (if any) registration number
д) powers
е) signature of the represented person or legal entity, seal of the legal entity or individual entrepreneur

and may also contain:
ж) the period for which it was issued
з) indication of the right or prohibition of sub-delegation, the possibility or prohibition of subsequent sub-delegation

What is important: A power of attorney issued by way of sub-delegation should be notarized (except for a power of attorney issued by way of sub-delegation by legal entities, heads of branches, and representative offices of legal entities)

In order to be able to perform all procedural actions, the power of attorney should contain special powers; otherwise, the representative will be able to use only general powers

Also, a power of attorney can be issued, for example, only to represent interests, or it can be issued to the court, Rospatent, and the FAS at the same time. At that, specific powers should be indicated

Examples of powers of attorney

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Who can be a representative in an arbitration court?

Depending on the status of the person participating in the case (hereinafter referred to as the PPC), his/her representatives may be different persons. Thus, a distinction is made between legal and contractual representation. Let's consider each of them in more detail
1
Legal representation is based on a direct indication in the law. They may be
  • parents, adoptive parents, guardians, trustees (if the PPC is an incapacitated person)
  • bodies of organizations (if the PPC is an organization)
  • an authorized representative of the liquidation commission (if the PPC is a liquidated organization)
2
Contractual representation is based on a contract, an agreement of the parties, and is not binding on the person participating in the case. They may be:
  • attorney
  • a person who provides legal assistance and has a higher legal education
  • a person who provides legal assistance and has an academic degree in law
  • patent attorneys (if the dispute is related to the legal protection of the results of intellectual activity and means of individualization)
  • an insolvency trustee (when performing the assigned duties in a bankruptcy case)
  • other persons
In most cases, legal representation in the arbitration court is carried out by attorneys and persons who have received higher legal education (lawyers)

It is not required to submit documents confirming the presence of a higher legal education or an academic degree in the legal specialty for a person to perform actions of a technical nature that are not related to the provision of qualified legal assistance in the case (for example, the transfer of applications and petitions to the court, making extracts and copies from the case materials, the receipt of copies of acts, and a writ of execution). In this case, a power of attorney to represent the interests of this person is sufficient to act on behalf of the PPC in the arbitration court
The legislation provides for a number of restrictions on persons representing the interests of principals.
Thus, the following persons cannot provide services:
  • judges
  • arbitration court assessors
  • investigators
  • prosecutors
  • assistant judges
  • court staff
Exception: The above persons represent interests as legal representatives
  • incapacitated persons
  • persons under ward
  • persons under guardianship

Why choose us

We observe complete confidentiality at all stages of work (with the conclusion of an NDA agreement)
“All inclusive” - no hidden fees or additional costs
Our lawyers have impressive expertise and deep knowledge of all the nuances of the arbitration process
We work throughout Russia, ensuring availability of our services regardless of your location
We really free you from routine, including more than 50 hours of work of a highly specialized lawyer
90% of our clients choose a remote work format, which allows them to significantly save time and resources
We use non-trivial approaches for the successful resolution of disputes in arbitration cases
We provide guarantees for the result
We provide a quick payback of the service and reduce costs on an ongoing basis
We carefully analyze all aspects of your case and give recommendations for the successful protection of your interests
We conduct a comprehensive audit of documentation, ensuring compliance with all legal requirements

Lawyer, Intellectual Property Protection Practice

Specialist who checked the article:

Published on:
12.07.2024

Powers and duties of the representative.

Each option has its own features for confirming authority:
1) legal representatives in arbitration cases of individuals should provide, for example, a birth certificate or certificate of adoption
2) for organizations, they should provide, for example, a power of attorney or an order from the head of the organization
3) the representation of the lawyer is confirmed by the lawyer's certificate and a power of attorney
4) a person with a higher legal education should present a power of attorney and a document on education (diploma or its notarized copy)
5) a person with an academic degree in law should provide documents on the academic degree and a power of attorney

The power of attorney should indicate both general and special powers
General powers are the powers that the representative is entitled to exercise regardless of whether they are spelled out in the power of attorney (for example, familiarization with the case materials, filing challenges, making copies of case materials, presenting evidence, etc.)
Special powers are those that should be strictly prescribed in the power of attorney and which he/she is not entitled to exercise without such an indication
Article 62 of the Arbitration Procedure Code directly establishes which powers are "special" and should be specified in the power of attorney. These include:
  • the right to sign the statement of claim and the statement of defense
  • the right to sign an application for injunctive relief
  • transfer of the case to an arbitration court
  • full or partial waiver of claims and admission of the claim
  • change of the particulars or subject of the claim
  • conclusion of an amicable agreement and an agreement on factual circumstances
  • transfer of his/her powers to another person (sub-delegation)
  • the right to sign an application for the review of judicial acts due to new or newly discovered circumstances
  • appeal against an act of an arbitration court
  • receipt of the awarded money or other property
Exception: The principal may make a statement about the granting of such powers at the hearing. This should be indicated in the protocol. But such powers are valid only in the court session in which the said statement was made
Accordingly, if special powers are not specified in the power of attorney, the representative will not be able to fully protect the principal. For example, he/she can draw up a lawsuit but will not be able to sign and file it

In order to accept documents signed by the representative and before each court session, the arbitration court should check the powers of the PPC

For this purpose, a power of attorney and a document confirming the person's ability to participate in the arbitration process (for example, a diploma or lawyer's certificate) are provided

All documents confirming the authority are attached to the case file

If the arbitration court reveals the lack of authority, it will not accept the documents and will not allow the representative to attend the court session
Therefore, it is necessary to check the presence in the power of attorney of authority to perform certain actions, as well as the period of validity, so that it is possible to fully protect the interests of the principal

Examples of arbitration cases closed by our lawyers

We recovered over RUB 4,000,000 for copying a toy
The copyright holder of the copyright object in the form of the design of the cat's soft toy "Flip-Flop" (created based on a well-known Internet meme) drew attention to the fact that after the start of production of the toy, a factory from the Ivanovo region launched the production and sale of a similar toy, which was based on a photo of not the same, but a very similar cat. As a result, most lawyers were skeptical about the possibility of winning this case (the photo is different, the cat is different). The court of first instance rejected our claim completely. However, the appeal overturned the decision and satisfied the claim in full (recovering twice the cost of the counterfeit products sold). We managed to prove using the "concept of probabilities" that the chance of creating such a similar toy within the framework of "parallel creativity" is negligible, and this fact is subject to proof by the defendant. The money was actually recovered in favor of the client
Compensation of RUB 4,000,000
We recovered RUB 4,950,000 under a subcontract agreement
We were contacted by a client—an individual entrepreneur who, under an assignment agreement (assignment of the right of claim), bought from an almost bankrupt software development company the rights of claim against a large IT company specializing in the performance of work for state needs. Previously, the subcontractor handed over work to the general contractor for RUB 10,500,000, but the final payment of RUB 4,950,000 was not transferred, since under the subcontract, the payment is made only after the state customer has made payment to the general contractor (the transaction is subject to condition, permissible under the current legislation). We managed to prove the bad faith of the general contractor and the contradictory nature of its position (sometimes it was pointed out that the work was not delivered; sometimes that it was handed over with shortcomings, etc.). As a result, the courts of all instances recognized the specified condition of the contract as inapplicable, and the client received recovery in full
Compensation of RUB 4,950,000
We recovered RUB 1,320,000 from the NTV channel
We were contacted by the author of a blog about hunting and fishing, E. Pozhitkin, whose videos regarding the activity of ticks in the spring and summer were illegally (without reference to the source of borrowing and the author) used by the NTV television company in news broadcasts. The client was unable to record the broadcast itself (since he did not expect such a brazen violation of rights on the part of the TV company), but using a combination of other evidence—a transcript of the broadcast (stored in a specialized organization), a copy of the recording on video hosting, etc.—we have done a lot of work in collecting evidence, and we have managed to build a system of circumstantial evidence that allowed us to confirm our client’s position
Compensation of RUB 1,320,000
We challenged a court's decision through the appeal procedure
The court of first instance unreasonably recovered EUR 6,704.07 from the client in favor of DS Construction LLC. As a result of the imposition of sanctions, part of the payments were not made by the bank from our client's account in favor of a foreign company. As a result, the foreign company did not make shipments, and the client suffered significant losses (the costs of a downtime team for unloading, downtime of forklifts, etc.). These losses were claimed for set-off in respect of the remaining amount of the debt. The court of first instance erroneously recovered, despite this, part of the client's debt. Representing the interests in the court of appeal, we proved the court's accounting error and challenged the arguments of the other party's complaint, and as a result, the client did not owe anything to anyone
Benefit 6,704.07 EUR
We recovered RUB 2,981,963 of the inventor's remuneration
Our client S. Afanasyev is one of the co-authors of the UltrixQuadri vaccine (more than 40 million doses have been produced over the past 5 years). Despite the active role of the client as an inventor, the company preferred to avoid paying the remuneration stipulated for the author of each employee's invention (three salaries for each year of use, even after dismissal). We prepared a claim that was ignored. Then we went to court and achieved satisfaction of the claims. When resolving the dispute, there were several important and previously unresolved issues in judicial practice (recovery of remuneration after dismissal, the need to divide 3 salaries by the number of co-authors, etc.). This dispute was included in the reviews of judicial practice and became a precedent
Compensation RUB 2,981,963
We challenged the alienation of a land plot
A land plot in the Moscow Region worth 6 million rubles was registered to the company NOMID LLC. As a result of the actions of the hired general director, the plot was sold without the consent of the owners of the enterprise at a reduced cost of 650 thousand rubles, which caused significant damage to the company. We requested documents from Rosreestr and found that the contract was concluded after the information about the termination of the powers of the former general director was entered into the Unified State Register of Legal Entities. Further, we represented interests in the arbitration court, and we managed to challenge the transaction as made by an unauthorized person.
Benefit 6,000,000 rub.
We won a dispute with a leasing company
The client's company purchased a Hyundai Solaris car under a leasing agreement. There was a delay in payments by the lessee, but the penalty and redemption payment were paid in full. The leasing company refused to issue a title and demanded that the car be returned. We managed to prove that the obligations were fulfilled in full, and the delay is not a ground for terminating the lease agreement. The court recognized the right of ownership and obliged the leasing company to transfer the vehicle title.
Recognition of property rights
We recovered debt from StroyTechnoResurs LLC
We were contacted by a company of Crocus construction holding to help in collecting a debt of RUB 3,902,146. Our experts calculated the penalty, which amounted to RUB 380,165, sent a claim, and then filed a claim with the court. The defendant had nothing to object to, and the court satisfied the claims in full (even the penalty). After the court decision came into force, a writ of execution was received and presented for collection to a bank, and the debt was debited from the debtor's account and credited to the creditor within one business day
3,902,146 rubles of debt and 380,165 rubles of penalties were collected

Our arbitration lawyers are trusted by the companies

Сберздоровье
Level.Travel
Павлик
Veka
Технониколь торговая сеть
Renovatio
happy job
рткомм
НВБС системный интегратор
ключевые системы и компоненты
продамус
максавит
callisto vision
курьерика
суперкасса
MarketGuru
блоптоп
центр внедрения протек
нипи горного дела
уральские заводы
ОАО «НПО «ГИДРОМАШ»
АО «НПП «ЭСТО»
ЦЭИ
ЭлЖур
Out Digital
LG
Телемедицинский сервис iBolit
hello, doc
Getblogger
vbi
CompuGroup Medical (CGM)
Wazzup
Моё здоровье
con-med
bookform
halsa
hubrid
beorg smart vision
rmg
инфоурок
sflabs
двенадцать диджитал

Features of representing interests of legal entities and individual entrepreneurs

A person who has the right to act on behalf of a legal entity without a power of attorney in accordance with constituent documents may represent the interests of an organization in an arbitration court
Also, to represent the interests of a company, the company may engage a third-party representative—a lawyer or other person providing legal assistance
In the case of an individual entrepreneur, either the entrepreneur himself or his representative can participate in court proceedings under a duly executed power of attorney
What is important: such conduct of the case does not deprive the head of the organization or individual entrepreneur of the opportunity to participate in the consideration of the case

  • For the head participating in the case, it is necessary to present documents confirming his/her status and powers, as well as an identity card
  • An individual entrepreneur will need the same documents for confirmation.
  • A representative under the power of attorney will have to present a power of attorney and an identity document
What is important: when sending an in-house lawyer to the court, it is also necessary to issue a power of attorney for him/her

The legislation establishes requirements for powers of attorney issued on behalf of a legal entity or an individual entrepreneur
  • Thus, a power of attorney from a legal entity does not require compliance with the notarized form; it should be signed by the head of the organization and sealed
  • A power of attorney from an individual entrepreneur with a seal can also be signed by the entrepreneur and sealed without notarization
  • If the individual entrepreneur does not have a seal, then the power of attorney should be issued by a notary
Powers of attorney from a legal entity or individual entrepreneur should contain the following data:
- INN
- OGRN (OGRNIP)
- address of location or address of residence
The main feature of litigation involving legal entities and individual entrepreneurs is the large amount of claims. As a rule, entrepreneurs apply for the protection of their interests when the claims amount to hundreds of thousands or even millions of rubles

In this case, the qualified assistance of a specialist who understands a certain category of cases and has excellent knowledge and experience in conducting similar cases in an arbitration court is required

Specialists

Advantages of professional representation

Basically, the arbitration court considers cases related to economic disputes, and the claims amount to hundreds of thousands of rubles or even millions; therefore, they require high professionalism and experience
Arbitration lawyers and attorneys have experience in successfully completing cases both on the side of the plaintiff and on the side of the defendant; they know when and what arguments are better to use; they are guided by current judicial practice and take on 90% of the labor costs of conducting the dispute
Even before the start of the trial, it is important to properly draw up a claim to the arbitration court, collect the necessary evidence, and determine possible risks and defense strategies. Without professional help, a person participating in the case reduces his/her chances of winning and can make a number of mistakes that can further affect the court's decision
In addition, a representative may be needed not only by the plaintiff and the defendant, but also by third parties, both filing and not making independent claims regarding the subject of the dispute, since their rights and legitimate interests may be affected by the decision on the case, and the passive position of the PPC may lead to negative consequences for them
Also, without the help of a professional attorney or lawyer, there is a risk of losing much more money than will be spent on legal services
The trial is irreversible; therefore, when protecting one’s interests on one’s own, there is a risk of making an irrevocable mistake, and re-applying to the court with a similar subject of dispute and claims is prohibited
Moreover, the legislation provides for the right of the winning party to recover from the losing party legal costs, which include, among other things, payment for services
By hiring a representative in the arbitration court, the principal not only provides himself/herself with qualified legal assistance but also saves his/her time on preparation and participation in the process, preserves his/her reputation, and, accordingly, profit

The representative bears civil liability to the principal, the basis for which is non-performance or improper performance of duties

Liability of the representative to the principal

remark
warning

If the interests of the principal are represented by a lawyer of the company with which the principal has entered into an agreement, then the contract may stipulate liability for improper provision of services. In this case, the general provisions on civil liability also apply. Most often, the contract establishes liability within the cost of the services paid by the principal

For lawyers, such an obligation is enshrined in paragraph 2 Article 7 of the Federal Law "On Legal Practice and Advocacy in the Russian Federation"

An essential condition of the agreement on the provision of legal assistance concluded between the lawyer and the client is the amount and nature of the liability of the lawyer (lawyers) who accepted the execution of the assignment

If such conditions are not fixed in the agreement, then the general rules for compensation of losses established by Article 15 of the RF Civil Code will apply

Article 18 of the Code of Professional Ethics of a Lawyer establishes that for a violation committed by a lawyer intentionally or through gross negligence, disciplinary measures are applied, which include:

termination of the status of an advocate

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Afonin, Bozhor and Partners LLC
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