Arbitration attorney in the arbitration process: preparation of a claim
Arbitration attorney in the arbitration process: preparation of a claim

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Arbitration attorney in the arbitration process: preparation of a claim

The work of an arbitration lawyer to defend the interests of the client begins with the preparation of the claim and clarification of all the circumstances, both the case itself and the appeal to the court.

To begin with, an arbitration lawyer finds out what the essence of the claim is, what the plaintiff is seeking, and how to correctly formulate it.

Further, it is necessary to understand whether the principal has the right to defend his position on this issue in court. An arbitration lawyer must remember that, according to the law, only one who is an interested person in relation to a particular case can act as a plaintiff in an arbitration court.

Third, the arbitration lawyer must understand what is the basis of the claim. That is, not only “what” needs to be proved, but also what will be the basis for defending the claims of the plaintiff. This gives the arbitration lawyer the opportunity to define the limits of his work, collect evidence and build a “concept” of the process.

In addition, the legislation on the arbitration court does not allow changing both the subject and the basis of the claim at the same time. Otherwise, the case will be delayed in time - in fact, due to the fault of the arbitration lawyer, a procedural error will occur.

An important point. When preparing a claim, an arbitration lawyer must clarify whether there are requirements for a mandatory pre-trial stage of filing claims on behalf of the plaintiff in relation to this proceeding.

It is the duty of the arbitration lawyer to clarify whether the claim was sent to the defendant, and if this claim procedure for considering the dispute with the defendant was not followed, the lawyer is obliged to prepare such a claim for the client. Otherwise, the actions of the arbitration lawyer and the plaintiff in preparing for the trial will be in vain - the court will refuse to consider the claim. And if such a claim took place, a copy of it should be attached to the statement of claim.

When filing a claim in court, an arbitration lawyer is also obliged to take care of interim measures (ensure the implementation of the court's decision without difficulty). This will allow the court in the future to carry out actions of an interim character, which is allowed at any time of the trial.

Studying the materials and circumstances of the case, preparing the claim, the arbitration lawyer forms a "concept" of the process, his own position on the case. In this case, it is assumed that his client is a priori right, and the opponent has no reason to hope for recognition of his innocence.

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