3.4-3.4 Objective 2 KSAEL arbitration process.

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Task 2
JSC "Dalenergomash" to apply for invalidation of executive notary to recover from his funds withheld from employees' salaries of serving correctional labor, a district court in Khabarovsk. In making the complaint was denied due to the fact that the applicant is a legal entity, therefore, the matter under the jurisdiction of the arbitral tribunal. Arbitration Court, adopted a statement dismissed the case, pointing to the jurisdiction of the case to the court of general jurisdiction in order gl.28 GIC.
Understand the nature and jurisdiction of the case.

The parties: OJSC "Dalenergomash 'appeal against the actions of the notary.
Subject of the dispute: the notary action, namely the recognition of invalid writ.
This dispute is not subordinated to the arbitral tribunal.
JSC "Dalenergomash" must apply to the District Court of Khabarovsk against the actions of the notary in the order of Chapter 37 of the RF CPC.
According to Art. 310 GPK the person concerned, is considered improper notarial acts or failure to notarial acts, may apply to the court about the location of the notary public or the location of the official authorized to perform notarial acts.
Emerged between stakeholders dispute about the law, based on notarial acts, considered by the court in the order of action proceedings.
According to Art. 311 CPC RF declaration of notarial acts or refusal in its commission examined by a court with the participation of the applicant, as well as the notary officer committed a notarial act or refuse to notarial acts. However, their absence is not an obstacle to consideration of the application.
The court decision, which granted the application of the notarial acts or refusal of its commission cancels notarial act or obligation to commit such an act.


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