The arbitration process Witte MUIV Control

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Uploaded: 14.11.2019
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Examination-1
Task number 1
Determine the jurisdiction of the following cases. If the dispute is sub-domestic to the arbitral tribunal, determine the tribal and territorial jurisdiction:
1. According to the claim of the limited liability company (Moscow) for the collection of debts under the contract of sale from an individual entrepreneur (Odintsovo, Moscow Region), if during the consideration of the case the defendant lost the status of an individual entrepreneur;
2. According to the statement of the joint-stock company (Saint-Petersburg) challenging the decision of the Inspectorate of the Federal Tax Service of the Russian Federation on holding the company liable for a tax violation;
3. According to the claim of an individual entrepreneur (Ryazan) for debt collection under an agreement with a limited liability company (Moscow), if in the course of the consideration of the case the individual entrepreneur ceded the right of claim to the company to an individual (Ryazan);
4. At the request of the tax authority (Moscow) declaring the company insolvent (bankrupt) (Balashikha, Moscow region);
5. According to the statement of the limited liability company (the city of Tolyatti) to the federal executive authority for intellectual property (Moscow) declaring the normative legal act in the field of patent rights invalid.
Task number 2
During the trial of the court of arbitration of the first instance, the defendant filed a written statement about the falsification of a number of documents submitted by the plaintiff. In particular, the defendant referred to the fact that the signature of the director general of the company, which is the plaintiff, on the credentials of the representative of the company was made not by the general director, but by another person.
The arbitration court proposed the plaintiff to exclude the specified document from the evidence in the case, explaining that in the event of falsification, he could be prosecuted under Art. 303 of the Criminal Code.
Question: Are there any violations of the rules of arbitration procedural law in the actions of the arbitration court?
Task number 3
In what way, under what conditions and in what time period can the shortcomings of the decision of the arbitral tribunal be resolved by the court that adopted it:
1. When making a reasoned court decision, a typo was allowed in the name of the organization - the defendant;
2. When calculating the amount of interest for using someone else´s money, the Arbitration Court instead of the seven-digit number indicated in the decision a six-digit number;
3. The operative part of the decision is stated as follows: “Oblige everyone not to prevent PJSC Stroytrest from using ...”;
4. The operative part of the decision of the arbitral tribunal is set out as follows: “The costs of the state duty shall be attributed to the parties in proportion to the satisfied part of the claim”;
5. For one of the three stated claims, nothing is said in the operative part of the court decision;
6. Having satisfied the declared vindication claim, the arbitration court did not indicate in the decision the property to be transferred by the defendant to the plaintiff.

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