Support in dispute resolution

Categories of disputes 

Lawyers support disputes of various legal nature that require a specialized approach: 

Labor disputes and most contractual conflicts arise between parties with equal procedural status. In contrast, disputes with state authorities (including tax, administrative and customs) are regulated by the provisions of the Code of Administrative Procedure of the Russian Federation (CAP) and imply a special procedure, where one of the parties is a public authority. This requires a different procedural approach and specifics in proof. At the same time, in certain cases, the Arbitration Procedure Code of the Russian Federation is still applied.

Stages of support of disputes in state courts 

Litigation support may cover one or more stages, depending on the nature of the conflict and the client's procedural situation: 

1. Pre-trial settlement

Verification of circumstances, analysis of documents, formation of a legal position, preparation of claims and negotiation with the other party. At this stage, it is possible to reach an agreement without going to court. 

2. Trial in the first instance

Preparation of a statement of claim or response, collection of evidence, representation in court, participation in hearings, assessment of judicial risks and prospects of the case. 

3. Appeal and cassation appeal

Verification of a judicial act, analysis of the grounds for cancellation, revision, drawing up a complaint, participation in sessions of higher courts. 

4. Execution of a judicial act

Obtaining a writ of execution, submitting it to bailiffs, monitoring the progress of enforcement proceedings, challenging illegal actions/inaction of bailiffs. 

Alternative procedures

Representation in an arbitration court or participation in mediation procedures. Such formats are used if there is an appropriate agreement between the parties.

Stages of Dispute Support in Arbitration Courts 

A feature of supporting disputes in international commercial arbitration and other arbitration courts (including ad hoc arbitration) is their non-state nature, dispute resolution is becoming a kind of service, dispute resolution there is more thorough, professional and, at the same time, expensive. 

1. Determination of the Competence of the Arbitration Court (Arbitrage)

It should be noted that the competence of arbitration, unlike a state court, does not arise from the law, the parties must agree to refer the dispute to arbitration, for this purpose a prorogation (arbitration) clause in the contract or a separate arbitration agreement is used. However, some institutional arbitrations accept only certain types of disputes, for example, the ICAC at the Chamber of Commerce and Industry of the Russian Federation is an international commercial arbitration, which means that  that it takes only commercial disputes that have a foreign element. (more details: link to the page about them)

2. Pre-trial settlement

Since the process of proceedings in the arbitration court is expensive, the parties are more willing to agree to a pre-trial agreement. At this stage, it is very important to correctly study the strengths and weaknesses of your position and the opponent's position, present yours in a more favorable light and present a sufficiently convincing claim (or response to the claim) so that the dispute seems more expensive for the opponent than fulfilling your demands. 

3. Arbitration proceedings

The proceedings begin with the selection of the arbitrator(s) and the determination of their competence. If the arbitrators are determined and the dispute is accepted for consideration, litigation is commenced, which is conducted on the basis of the rules (or codes) established by the arbitral institution, or (in rare cases) at the choice of the parties (in the case of ad hoc). A distinctive feature is the attention to procedural terms and the procedure for providing evidence. There are fewer meetings, but they are long. 

4. (Almost never) Appeal against an arbitral award in an arbitral institution

In extremely rare cases, arbitration institutions provide the opportunity to conduct a quasi-appeal against decisions, most often this is a review in one instance. 

5. Enforcement of a Judicial Act: Annulment, Recognition, and Enforcement of Arbitral Awards

The arbitration does not issue a writ of execution, in order to obtain it, you need to apply to a state court, which recognizes and enforces the award (for foreign arbitral awards), or only the enforcement of the award (for domestic arbitral awards). 

The losing party sometimes still has the opportunity to set aside the arbitral award, in a limited number of cases, which generally boil down to situations of invalidity of the arbitration agreement, invalidity of the arbitral tribunal, improper notification and violation of public policy.

Stages of Dispute Support in Foreign Courts 

The procedure for resolving disputes in foreign jurisdictions depends on the national procedural legislation. The number of instances, the terms of consideration, the rules of evidence and the requirements for the execution of decisions vary depending on the country and the nature of the dispute.

Legal support in the framework of dispute resolution 

Dispute support includes a set of legal actions aimed at protecting the interests of the client, taking into account the specifics of the dispute and the stage of the process. 

– Analysis of the legal situation

Lawyers assess the subject of the dispute, study documents, identify violations and legal risks, and determine the client's position. 

– Formation of a dispute resolution strategy

An action plan is developed taking into account the client's goal, possible objections of the other party and judicial practice. 

– Preparation of procedural documents

Claims, lawsuits, objections, complaints, statements of counterclaims, amicable agreements, etc. are drawn up. 

– Representation in court and other bodies

Lawyers participate in hearings, present evidence, file motions, and monitor compliance with procedural deadlines and norms. 

– Negotiation and support of alternative procedures

Consultations and negotiations are held with the other party, mediation and arbitration procedures are accompanied. 

– Support for the execution of decisions

The submission of a writ of execution, control of the terms and actions of bailiffs, protection of interests in case of delay or evasion of execution are ensured.