The concept of the claim in the arbitration process
Protection requirement violated or disputed rights or in protected legal interest is called a direct claim. The lawsuit – that the legal remedy which eye is excited activity of the court to protect the violated or disputed rights and legally protected interest. The remedial order under the co-torogo flows that the arbitral tribunal is called the claim proceedings.
Thus, the claim in the arbitration process should be considered as a dispute-ing the legal requirement of one person to another, resulting from the substantive relationship, based on the legal facts and filed before a court of arbitration to consider and resolve in a strictly defined the procedural order.
As a complex legal concept of the claim has two aspects: procedural law and substantive law. On the procedural side of the legal claim – this appeal to an arbitration court for resolution of the dispute on the merits and the protection of the violated or disputed rights or guarded by the second law of interest. On the substantive side of the suit acts as controversial a substantive claim of the plaintiff to the defendant, which is listed in the lawsuit and is subject to review on the merits in strict accordance with the established law.
What is the structure of the claim? What are the claims?
In each claim must be distinguished parts: the base and the subject of the claim.
The subject of the claim – that in respect of which the plaintiff is seeking an arbitral tribunal of protection: he asks him to award to recognize and change (to transform the). The plaintiff may request the court to enforce its substantive claims against the defendant owner demands the return of his property, the lender – the payment of the debt. The plaintiff may ask the court to establish, build, modify or terminate the material relationship between himself and the defendants. In some cases, the plaintiff is interested in confirming the presence of right-vootnosheniya between him and the defendant, in others – his absence. Thus, the subject of the claim (depending on the species) is a substantive claim of the plaintiff to the defendant, or the entire material international legal relations. :
The subject of the claim is to be distinguished from the object of the disputed civil law relationship, the so-called material object of the claim. The material object – this thing is some kind of which there is a dispute, or which appears as the object of the disputed legal.
Cause of action – these are the data from which the plaintiff brings his claim. The claims arise from subjective civil rights. So, the owner, sued for the restoration of the lost possession of his property, refers to its ownership. Continue reading