The Application form for the annulment of the arbitral award
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation.
To the district court No. 2 of Almaly district
cities of Almaty
from the defendant: LLC "__________________"
INN __________________
Russian Federation, Kursk region,
G. Kurchatov, __________________
Representative by proxy:
Law Firm LLP
Law and Law"
BIN 190240029071
Almaty, Zhibek Zholy ave., 50,
office 202, Business center Block
info@zakonpravo.kz /
+ 7 727 978 5755; +7 700 978 5755
plaintiff: LLP "__________________"
BIN 070740002112
city of Almaty, __________________
+7 __________________
The petition
on the cancellation of the arbitration award
__ May 20__ permanent Arbitration "__________________" ( hereinafter referred to as Arbitration) consisting solely of the presiding arbitrator, __________________, when to the secretary __________________, with the participation of the plaintiff's representative, __________________, in a closed session in the Arbitration room "__________________", located at: Republic of Kazakhstan, Almaty, __________________, having considered the arbitration case №__________________ according to the statement of claim of the LLP "__________________" (hereinafter referred to as the Plaintiff) to LLC "__________________" ( further– the Defendant) on the recovery of the amount owed, DECIDED: the claim of LLP "__________________" to LLC "__________________" to collect the amount owed - to satisfy in full; Collect from LLC "__________________" in favor of the LLP "__________________" the amount of debt in the amount of 7,733,700 (seven million seven hundred thirty-three thousand seven hundred) rubles, which is equivalent to the amount of 45,860,841 (forty-five million eight hundred and sixty thousand eight hundred and forty-one) tenge (at the exchange rate of the National Bank of the Republic of Kazakhstan on the date __.05.20__, 1 ruble is equal to 5.93 tenge); Collect from LLC "__________________" in favor of the LLP "__________________" the amount of the arbitration fee in the amount of 77,310 (seventy-seven thousand three hundred ten) rubles, which is equivalent to the amount of 458,608.41 (four hundred and fifty-eight thousand six hundred and eight) tenge 41 tiyn (at the exchange rate of the National Bank of the Republic of Kazakhstan as of 04/22/20__, 1 ruble is equal to 5.93 tenge). We disagree with the Arbitration decision on the following grounds: on __ January 20, a sublease agreement for railway freight wagons was concluded between the Plaintiff and the Defendant №________________ ( hereinafter referred to as the Contract), under which the Plaintiff undertakes to provide the Defendant with temporary use according to the Act of acceptance and transfer to sublease railway gondola cars (hereinafter referred to as Wagons) in the amount of 25 units.
The Application form for the annulment of the arbitral award
_ On _ February 20__, the Plaintiff and the Defendant entered into additional agreement No. ___ to the Agreement (hereinafter referred to as the Agreement), under which the number of sublet Wagons was increased to 50 units. The cars received under the Sublease Agreement began to break down and fail, the Defendant, not wanting to come into conflict with the Plaintiff, repaired the Cars at his own expense. Due to unforeseen financial costs, the Defendant had difficulties in making timely payments for the use of Wagons under the Contract. According to clause 7.1 of the Agreement, the claim procedure for dispute resolution is mandatory. On March 27, 20__, the Defendant received the claim by e-mail (ex. №__________________) from the Plaintiff with a demand to immediately pay the amount owed. Claims from __ April 20__ and __ April 20__ were also received by e-mail. In response to the Plaintiff's claims, the Defendant explained his financial difficulties, asked to make an invoice for payment and undertook to repay the amount owed in parts until the Wagons were sublet to the Plaintiff. However, the Plaintiff did not provide an invoice for payment, moreover, he did not intend to resolve the dispute through negotiations, although clause 7.3 of the Contract states that all disputes and disagreements arising during the performance of obligations under the Contract are resolved through negotiations between the Parties. In accordance with clause 7.2 of the Agreement, the party receiving the claim is obliged to review it and respond on its merits no later than 30 days from the date of its receipt. That is, according to the Contract, the deadline for reviewing the claim expires on __ April 20__ of the year. However, despite this, the Plaintiff filed a claim with the Arbitration Court on April 20.
The Application form for the annulment of the arbitral award
The Defendant learned that the arbitration was scheduled for __ May 20__ of the year on __ April 20__ of the year. Since the Defendant is in the Russian Federation, he was unable to appear at the court hearing and defend his rights and interests, as well as defend his position. _ On April 20, the Defendant sent a response to the statement of claim to the Arbitration Court, in which he requested to postpone the arbitration proceedings for three weeks in order to determine the actual amount owed to the Defendant (since the claims are excessively high), and to provide an opportunity to conclude an amicable agreement on voluntary repayment of the debt. However, despite the Defendant's requests, the hearing scheduled for __ May 20__ was not postponed and was held without the Defendant's participation. _ On May 20, the Defendant sent another response to the statement of claim to the Arbitration Court, requesting that the proceedings be postponed until the Wagons were completely removed from the sublease in order to determine the exact amount of the debt, since at the time of filing the claim the Wagons were still in sublease, therefore it was impossible to calculate the actual debt.
It is interesting that the Plaintiff in his claims requests to recover from the Defendant the entire amount payable for the month of April, however, based on the principles of good faith and reasonableness, given that the claim was filed on April 20, the Plaintiff must
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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