Determine the jurisdiction (2016)

Exercise 1

Determine the jurisdiction of the following cases:
a) at the request of the trading company "Beginning" to the company "Prestige" about the illegal use of the trademark of the plaintiff;
b) at the request of the commercial bank "Goliath" to the Russian Agency for Patents and Trademarks on the delay in registration of the trademark;
c) at the request of the housing and construction cooperative to the construction organization for the recovery of payment for the use of electricity in accordance with the contract for the release of electricity;
d) at the request of the entrepreneur Gordeyev to the newspaper "After reading burned" on the protection of business reputation.

Activity 2


LLC "Construction corporation" Bluff "filed an action against the Moscow Arbitration Court on the application of the consequences of the invalidity of the contract for capital construction concluded between them on June 14, 2015. The Moscow Arbitration Court, which, according to the general rules of jurisdiction, received a statement of claim, referred the case for consideration on the merits to the Arbitration Court of the Voronezh Region. In the ruling rendered without the plaintiff´s call, it was stated that the case was to be transferred within 15 days from the date of the determination.
LLC Construction Corporation Blef filed an appeal against the decision of the Moscow Arbitration Court to refer the matter to the Arbitration Court of the Voronezh Region because it believes that it violates its right to be considered by the court to which jurisdiction it is attributed by law.
What are the rules for determining the jurisdiction of cases, if the party is the Arbitral Tribunal? What is the procedure for passing a ruling on transferring a case? In what time period can the appeal of the transfer of the case be appealed? What is the timeframe and procedure for considering an appellate complaint on the determination to transfer the case from one court to another?

Activity 3


The decision of the arbitration court satisfied the requirement of OJSC "12 chairs" to challenge the actions of the bailiff executing the decisions of arbitration courts to recover money from the LLC. The interests of the company in court were represented by the lawyer O. Bender, who, under the terms of the agreement with him, OAO, after the court decision entered into legal force, paid a fee of 7 thousand rubles.
The company appealed to the arbitration court with a request to collect representative expenses from the court bailiff. The ruling of the arbitration court in satisfaction of the application of the OJSC was denied with the reference to the fact that this issue is subject to resolution in the general (claim) order. JSC "12 chairs" appealed to the arbitration court with a claim against the Ministry of Finance of the Russian Federation on recovery of expenses for the services of lawyer O. Bender.
Is the claim submitted for satisfaction?
In what order can be charged the expenses for the services of a representative?

Activity 4


Is it acceptable to appeal the judicial acts of the arbitration court of first instance. If an appellate appeal is allowed, in what time period can an appeal be filed?

a) the determination to leave the statement of claim without motion;
b) the definition of securing the claim;
c) determination of the refusal to demand evidence at the request of the plaintiff;
d) determination of the adjournment of the trial (the case is in the proceedings of the court of first instance for 10 months, the trial is postponed for the seventh time);
e) decision on the case of challenging the decision of the head of the municipal formation;
e) determination on cancellation of the decision of the arbitration court;
g) determination on recovery from the respondent in favor of the plaintiff of the expenses for payment of the representative´s services rendered after the entry of the court decision on the satisfaction of the cl