LAW

Law

Law

Introduction

This paper has been written with regards to proceeding in which the plaintiff, Mildura Office Equipment & Supplies Pty Ltd, claims that the defendant, Canon Finance Australia ("CFA"), breached an agreement made between the parties in early 1998. For this purpose, arbitration has been suggested which is a procedure by which a dispute is submitted, by agreement of the parties, an arbitrator or a tribunal of several arbitrators who issues a decision on the dispute that is binding on the parties. By choosing arbitration, the parties opt for a private method of dispute settlement rather than go to court.

Discussion

Arbitration Courts

Arbitration is a body or a procedure for resolution of commercial and property disputes. Body exercising these powers, the Arbitration tribunal shall consider the following.

Cases on economic disputes between organizations and individuals engaged in entrepreneurial activities. 

Spores from contracts, disputes related to business practices, disputes concerning the application of civil law by analogy, the debate about the invalidity of transactions for compensation for damages caused by public bodies and local self-government.

The case for the obligations of the harm associated with self-defense in the civil law, cases involving the rights of creditors with the assurance of a legal entity with its reorganization.

Matters related to the emergence, change and termination of property rights, the right of economic management and the right of operational management.

Cases of disputes related to real rights to land and other real estate matters related to the protection of property rights and other legitimate owners.

Matters related to the enforcement of civil liabilities, including those relating to the penalty, pledge, retention, surety.

Cases of disputes arising from administrative and other public relations, including in tax disputes, the case-finding of legal significance, the case of insolvency (bankruptcy) cases of disputes between legal entities and their shareholders (founders) invalidation of non-normative acts of state bodies and other bodies, the case for recognition, performance of the executive document by which recovery may be on an uncontested basis, as well as the return of budgetary funds debited to such documents, deeds of protection of business reputation in the field of business and other economic activities.

Given the nature of entrepreneurial activity, the Russian legislation provides for the possibility of considering not only economic disputes by arbitration courts, but in order arbitration (McCrackan 2005, pp. 10). 

In any case, before agreeing to settle the dispute in which a particular arbitration, first of all, you need to read the Rules of this Court, on how to celebrate the decision of the arbitral tribunal, whether it is subject to appeal in the Court of Arbitration is final and without appeal. The activity of members of our Board to extend to all areas of the arbitration process and includes the following.

Familiarization with the documents, preparing and filing a statement of claim, statement of defense, other legal documents; 

Direct representation by counsel at the hearing; 

Preparation of a draft settlement agreement and approval of it in court; 

Delaying the process at the request of the defendant; 

Appeal against the decision of the arbitration ...