It is not always the case can be fully addressed in one, first, judicial meeting. The proceedings before the arbitral tribunal may nutsya collision with circumstances that prevent the consideration of the merits. In this case, it should defer the proceedings. The deposition proceedings-tion – is the transfer of the case on the merits at another trial, scheduled at the exact time in the prescribed place.
In Art. 120 APC installed base, legal implications, as well as the policies of the procedural action and notification of participants of the arbitration process, the time and place of the new session of the tribunal.
The reasons for the deposition of the case are different circumstances, in particular:
1) The non-appearance of any of the persons involved in the case, if there is no note of them for service of notices on the time and place of the proceedings;
2) failure to appear at the hearing of the arbitration court interpreter;
3) failure to appear at the hearing of the arbitration court witnesses, experts, and in the absence of sufficient evidence, without which it is not possible to consider the case on its merits.
The list mentioned above and described in Art. 120 APC grounds deposition of the case is not exhaustive: the trial may be postponed and under any other circumstances that prevent its partition ratelstvu (for example, when an application by a person involved in the case, to consider the case in his absence, the arbitral tribunal considers the presence of this face mandatory).
To adjourn the proceedings the arbitral tribunal shall determine. In it, he must specify the reasons for deposition of the case, the procedural steps that must be performed in order to ensure the possibility of the case in the next sudebnom’zasedanii (for example, you call new witnesses, request additional written proof of, etc. .), as well as the time and place of the new hearing. Day of the hearing of a case should be assigned to the time required to process the call participants or to reclaim the proof.
The deposition of the proceedings the court shall notify all parties of the arbitration process, the time and place of a new meeting of the arbitral tribunal or other document definition (for example, by letter) that are directed, return receipt requested.
Those present at the hearing participants in the process-tion arbitration court may announce the time and place of the new session and a receipt. The receipt, in this case filed in the case file.
New hearing after his deposition begins again, that is part of the preparatory hearing (check turnout the participants of the process, announced the composition of the arbitral tribunal, etc.).
When the proceedings may be suspended?
Suspension of proceedings means the termination of a non-specific term remedial actions committed arbitration court-house.
Grounds for Suspension of the proceedings are divided into mandatory and optional. In Art. 81 APC provides a list of mandatory grounds for the suspension of the proceedings, which is not exhaustive and may be extended at the discretion of arbitral tribunal. Establishment of a closed list of grounds guarantees the rights and legitimate interests of the persons involved in the arbitration process.
The arbitral tribunal shall suspend the proceedings in the cases:
1) inability to consider the case before making a decision in another case or matter addressed in the procedure of constitutional, civil, criminal or administrative proceedings;
2) of a citizen-defendant in the existing part of the armed forces of the Russian Federation or the treatment of the appropriate application of a citizen-plaintiff, located in the existing units of the Armed Forces of the Russian Federation;
3) the death of a citizen, if controversial legal permit legal succession;
4) the loss of a national capacity.
The arbitral tribunal shall have the right to suspend the proceedings (esti-cornfields, how these circumstances affect the course of the process) in the case of: I
1) The purpose of examination by the arbitral tribunal;
2) reorganization of the organization – a person involved in the case;
3) bringing a citizen – a person involved in the case, for the fulfillment of the obligations of any state.
The proceedings will resume when there is no longer grounds for his suspension. Resumes the proceedings at the request of the persons involved in the case, or the initiative of the arbitral tribunal. This procedural specified action by the court without calling the parties to a case and not in court.
On the suspension of the proceedings shall be issued by the arbitral tribunal. It identifies the circumstances that led to the suspension of the proceedings, as well as actions to be performed to address specific circumstances.
Reopening of the case by the court of arbitration (and if the case is considered individually, the judge) issued definition, which states the reopening of the case indicated the appointment of a case for review and the date of the hearing, as well as other recorded actions provided for in the preparation of cases for court proceedings (Article 112 of the APC) to ensure proper and timely resolution of the dispute. This definition is sent to the persons involved in the case, and serves as a notice of the hearing.