The Arbitral Tribunal shall procedural terms, unless they are estab-lished the APC or other federal laws. The appointment of such terms in some cases expressly provided for in the APC. Thus, in the art. 131 APC found that when making a decision obliging the defendant to perform certain actions that are not related to the transfer of the property or the recovery of sums of money, the arbitral tribunal in the operative part of the decision indicates, in particular, for what period of time the defendant is obliged to commit these acts. As established by Art. 120 APC, in cases when it can not be considered at this hearing, the tribunal defers its review of the arbitration process and the participants are informed about the time of the next meeting.
Setting a time limit within which must be made to determine fief proceedings, the arbitral tribunal must proceed from the concrete circumstances of the case. This period should be sufficient to Strongly sheniya procedural action and at the same time should not be very considerable duration, so as not to create the conditions for a final time-delay resolution of the dispute.
The procedure for calculating the procedural time limits
The time of the remedial action may be determined by the exact calendar date. For example, according to Art. 113 of the APC in the definition of the judges on the preparation of the case for trial indicates the time of the meeting of the arbitral tribunal.
In some cases the term is defined in the APC by reference to an event before which may commit certain procedural steps first. Thus, in accordance with Art. 37 APC plaintiff has the right to change the base was subject of the claim or to increase or decrease the size of the claim or waive a claim before a decision by the arbitral tribunal.
If the time limit for making a procedural action is defined peri-Odom time, then the appropriate action can be carried out during this period, that is, on any day, but no later than the last day of it. For example, the appeal may be filed on any day, but not later than one month set by Art. 164 APC.
Regardless of how the procedure period is calculated in the APC – for years, months or days, for he was always begins the day after the calendar date or event that defined the beginning. This is a very important rule is practical for use computation of any period, but especially those that are calculated days.
Time limits, measured as years and months will expire on the last day of the relevant period. Since the end of the term may account for a month, which does not have a corresponding number in Part 1 of Art. 97 APC provides that in such a case the period shall expire on the last day of that month.
Procedure time since the beginning of its calculation is flowing continuously. This means that the non-working days, if they occurred at the beginning of the period or occur along its length are included in the term and it does not extend. However, in cases where the last day of the period falls on a non-working day, the deadline is the first following working day. For example, if the last day of the period for remedial action of the incident on May 1, the last day of the period is May 3, since May 1 and 2 are holidays, and if that day is a weekend – May 4.
Remedial action for which a set period of time may be made up to 24 hours of the last day of the term. Not considered a prop-schennym period if the relevant documents handed over to the post office or telegraph to 24 hours of the last day of the term. Thus, the delivery of the document to the authority-connected communication equates to commit procedural action in court.
Date of submission of documents to the body connection is confirmed by the postmark date on the envelope. To confirm the date of delivery of documents to the authorities due to the arbitral tribunal may be represented by postal receipt, inventory of valuable letter, an extract from the register of mailings and the like, as they enable us to establish the fact of the remedial action in accordance with the established deadline.
In cases where the proceedings is made in the arbitration court-tion (eg, the immediate handing over documents to the office), it must be done before the end of the day fixed by the arbitral tribunal.
However, the continuous flow of a term may be at-stopped – when on the grounds specified item. 81 and 82 of the APC, suspended the proceedings. The Arbitration Court resumes proceedings after the circumstances which caused its suspension of the.
In accordance with Art. 98 APC is suspended for the unexpired portion of procedural deadlines. With the resumption of the proceedings for procedural deadlines continues. Thus, during the process of the radial term shall be suspended for the duration of the suspension of the proceedings, and the time elapsed before the suspension, should be taken into account.
Continuation of the period starts from the date of the arbitration court to reopen the case, and not
from the date when in fact the circumstances that led to This is based on his suspension.