Medical consulting

10 минут чтения

For more than 10 years we have been defending clients’ interests in arbitration courts, as well as in courts of general jurisdiction at all levels in Moscow, the Moscow Region and throughout Russia. The arbitration practice of our lawyers also includes conducting cases in various arbitration courts.

Areas of work

  • Debt collection in the arbitration court
  • Construction disputes
  • Construction support
  • Legal advice on arbitration cases
  • Pre-trial settlement of arbitration disputes
  • Conducting arbitration disputes
  • Appeal of an arbitration award
  • Drafting claims/preparing responses to claims
  • Negotiations with counterparties before transferring the case to arbitration and determining ways to further resolve conflicts
  • Preparation of documents for the arbitration court
  • Analysis of the existing situation, including examination of the client's documents, issuing recommendations for building a defense strategy in an arbitration court
  • Preparation of responses to a statement of claim or counterclaims to arbitration
  • Drafting of statements of claim to arbitration
  • Drafting of contracts of assignment of the right of claim
  • Representation of the client's interests in arbitration courts of general jurisdiction, in the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation
  • Representation of clients' interests in arbitration courts
  • Legal services in the arbitration court when applying to the labor arbitration court to resolve collective labor disputes
  • Representation of the client's interests in the arbitration court of the appellate instance
  • Representation of the client's interests in the arbitration court of cassation instance
  • Drafting appeals, cassation, and supervisory complaints in civil and administrative cases
  • Post-judicial support of dispute resolutions: recognition and enforcement of arbitral awards
  • Advising on the inclusion of arbitration clauses in contracts and the conclusion of arbitration agreements
We regularly hold seminars at MBM Moscow

Services in the category

We will help in the arbitration court if: counterparties do not fulfill their obligations, violate the terms of the contract, mislead you, we will help in a construction dispute if there is a threat of an unfriendly takeover, bankruptcy proceedings have been initiated, there are conflicts with shareholders or employees, there are other problems that lead to a law enforcement check or court proceedings.

Consultations

  • Consultation of an arbitration lawyer

 

Analysis, development of a legal position, resolution of issues in a pre-trial manner

  • Negotiations with counterparties before transferring the case to arbitration and determining ways to further resolve conflicts
  • Analysis of the existing situation, including examination of the client’s documents, issuing recommendations for building a defense strategy in an arbitration court
  • Pre-trial dispute resolution. Advising on pre-trial dispute resolution

 

Drafting of claims and contracts

  • Drafting claims/preparing responses to claims
  • Drafting of contracts of assignment of the right of claim
  • Preparation of responses to a statement of claim or counterclaims to arbitration

 

Judicial settlement of disputes

  • Drafting of statements of claim to arbitration.
  • Conducting an arbitration dispute in courts of all instances.
  • Preparation of documents for the arbitration court.
  • Representing the client’s interests in arbitration courts of general jurisdiction, in the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian
  • Federation.
  • Representation of clients’ interests in arbitration courts.
  • Legal services in the arbitration court when applying to the labor arbitration court to resolve collective labor disputes.
  • Representing the client’s interests in the arbitration court of the appellate instance.
  • Representation of the client’s interests in the arbitration court of cassation instance.
  • Appeal of decisions on arbitration disputes.
  • Drafting appeals, cassation, and supervisory complaints in civil and administrative cases.
  • Post-judicial support of dispute resolutions: Recognition and enforcement of arbitral awards
  • Advising on the inclusion of arbitration clauses in contracts and the conclusion of arbitration agreements
Reference to the law, Article 126 of the APC of the Russian Federation

Our cases

When you don’t know what to do with a problem and lawyers say that everything is already gone, it doesn’t mean that it is. New Clients regularly come to us with the words “None of the lawyers can help.” We always provide a solution and try to ensure that it is in the “economics” of the issue. We rely on a creative approach and specialize in solving non-standard tasks.

We regularly hold seminars at MBM Moscow

Principles of operation

We rely on experience and openness to the client. Additional financial guarantee for arbitration cases. In 10 years, we have never needed insurance, but we guarantee professionalism not in words,
but financially. Our professional liability is insured in the SPAO “Reso-Garantia”.

Free legal advice

We are always in touch 24/7.

Even in a difficult situation, we always offer a solution.

Customer orientation
and individual approach

Any changes to your case are sent to your phone

Confidentiality

The work is based
on the terms of reference
and regular reports.

Our team has years of successful work and dozens of successful cases to its credit.

Operating procedure

Problem description

You fill
out a feedback form with a description of your problem.

01

Analysis of the situation and documents

We are studying your problem and checking all submitted documents to assess risks and opportunities.

02

We conclude
an agreement

We draw up a legal agreement in which we set out the terms and scope of our assistance.

03

Solving the problem

We develop a strategy
and achieve the desired result for your business.

04

Pre-trial stage of the arbitration case

 

A claim is drawn up with supporting documents attached and sent to the address specified in the Contract or to the legal address specified in the Unified State Register of Legal Entities. It is important to immediately determine which documents are in copies and which are in the originals.

While the Defendant’s response is pending, the lawyers are already beginning to draft and coordinate the Statement of Claim with you (the head is always put in a copy).

 

You will be sent all the details and necessary information to pay the state fee. Additional documents are requested for filing a claim in accordance with Article 126 of the Code of Administrative Procedure (Powers of the head and so on).

 

Our experts will send and coordinate with you the text of the power of attorney for conducting the trial (you do not need a notary).

 

The judicial stage

 

The deadline for responding to the Claim has passed or the Defendant has refused, our lawyers are contacting you to coordinate the filing of the claim.

 

Together with the claim, we will need from you:

 

  1. the original payment order with the bank’s blue stamp for the payment of the state fee;
  2. we ourselves send a copy of the statement of claim to the defendant and other persons and attach postal receipts.;
  3. we will download and attach the extracts of the Unified State Register of Legal Entities of the Plaintiff and the Defendant ourselves.;
  4. a claim with confirmation of receipt by the Defendant;
  5. Protocol on the appointment of the Director General;
  6. the charter of the organization (it is not necessary by law, but in practice there were cases when the court needed to make sure that the powers of the Director General were set for a specific period, 1 year, 3 years or 5 years. It is not visible from the Protocol);
  7. OGRN certificate (Entry sheet);
  8. the contract on which the claims are based / Promissory note / or other document;
  9. other documents confirming the right and amount of claims (invoices, additional agreements, Certificates of completed works, reconciliation reports, and so on);
    correspondence with the counterparty (electronic is possible).

After the court decision

 

We are used to accompanying a Client on a turnkey basis and usually participates in the processes of appealing judicial acts in appeal (the second instance, after which a writ of execution is issued) and cassation (the third instance, it happens rarely).

 

There are several standard ways to execute a judicial act:

 

  • We make a notarized copy of the writ of execution and submit it to the Tax Service, which issues a list of all the Defendant’s open accounts in 5 days.
  • We consistently submit a writ of execution to the Bank according to the list from the Tax Service and write off the funds.
  • If there are not enough funds in the accounts, we hand over the writ of execution to the bailiff with a request to search for the Defendant’s property and subsequent arrest + we indicate the known settlement accounts for the collection order.
  • If it is not possible to recover through bailiffs, we have a separate service “Business Intelligence”, in which we audit the Debtor and summarize all available information on him.
  • Taking into account the audit, together with the Client, we decide to file for bankruptcy of the Debtor, within which we will be able to return any sold property and money over the past three years, as well as bring the CEO and founders to financial responsibility (subsidiary responsibility).

Prices and deadlines

We always collect the costs of our services
from the losing side. Already at the preliminary consultation, we will make an assessment of the prospects of the business
and explain to you what costs and risks are possible.

Досудебные услуги

Name of the service Working days Cost, rub.
1 Preliminary consultation and determination of business prospects 1 Is free
2 Written consultations 2 от 10 000
3 Legal opinion on aspects of the arbitration process 5 от 35 000
4 Representing the client’s interests at the stage of pre-trial settlement of an arbitration dispute 5 от 35 000
5 Analysis of claims, decisions, letters and other documents 1 от 15 000
6 Drafting objections and responses to claims 2 от 25 000
7 Negotiations with counterparties before the transfer of the case to arbitration 2 от 35 000
8 Preparation of documents for the arbitration court 5 от 65 000

Arbitration court services

Name of the service Working days Cost, rub.
1 Conducting cases in the arbitration court, representing the client’s interests in arbitration courts and courts of general jurisdiction, in the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation 1 от 50 000
2 Representation of clients’ interests in arbitration courts 1 от 30 000
3 Representation of the client’s interests in the arbitration court of the appellate instance 1 от 30 000
4 Representation of the client’s interests in the arbitration court of cassation instance 1 от 40 000
5 Analysis of claims, decisions, letters and other documents 1 от 15 000
6 Drafting appeals, cassation, and supervisory complaints in civil and administrative cases 2 от 25 000

In addition to the costs of lawyers, according to Articles 101 and 106 of the APC of the Russian Federation, there are other costs. The most common are state duty, postage
, and examination expenses. According to the state duty, everything is fixed in art.333.21 of the Tax Code and the graduation rate is as follows.

Court costs (expenses) in arbitration cases

The price of the claim, rubles State duty, rubles
50 000 2 000
1 000 000 23 000
2 000 000 33 000
10 000 000 73 000
over 35,400,000 200,000 (maximum fee)

When filing a statement of claim for disputes arising from the conclusion, amendment or termination of contracts, as well as for disputes on the recognition of transactions as invalid – 6,000 rubles.

 

When submitting applications for recognition of a non-normative legal act as invalid and for recognition of decisions and actions (inaction) of state bodies, local governments, other bodies, officials as illegal – 3,000 rubles.

 

When applying for recognition of the debtor as insolvent (bankrupt) – 6 000 rubles. When submitting an application for the establishment of facts of legal significance – 3,000 rubles.

 

All expenses for lawyers and experts can always be reimbursed in the same process from the losing side.

Saving money on legal services is more risky (even a simple case can be lost), since the competence of a specialist who already has experience in recovery is always important in an arbitration court.

If the essential terms of the transaction are documented and not disputed by the defendant, we will achieve the result in a minimum period (1.5-2 months) and at minimal cost in a Simplified procedure without calling the parties to the lawsuit.
The amount of property claims is up to 500,000 rubles – art.227 of the APC RF.

 

Or within the framework of writ proceedings, if the amount does not exceed 400,000 rubles (art.229.2 of the APC RF).

 

If the amount exceeds 500,000 rubles, it usually takes more than 2 months.

 

If all the documents are signed by your counterparties, then the time of the dispute will be seriously reduced. On average, such cases take from 2 to 6 months from the date of filing the claim.

 

More complex disputes can last from 8 months to 2 years (with the exception of bankruptcy proceedings).

 

Do not forget that before filing a claim with the court, the Plaintiff is always obliged to submit a written Claim to his counterparty and confirm not only the fact of sending, but also the fact that the Defendant received the Claim, as well as the fact that it was the claim that was sent, and not a greeting card.

 

Thus, before judicial work, it is necessary to set a deadline for pre-trial claim work, usually 30 days, but if we develop a contract for our clients, we always specify a specific deadline for responding to a Claim – 10 days (a reasonable period), which significantly reduces the time for pre-trial work and our Client gets +20 days. acceleration to judicial work and recovery.

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