Встречный иск и процессуальные аспекты его предъявления в арбитражном процессе

Abstract

We study the issues arising in connection with the presentation of a counterclaim by the defendant in the arbitration process. The content of the concept of a counterclaim is disclosed, its connection with the right to judi-cial protection is determined, and the features characteristic of this institution are highlighted. The conditions for filing counterclaims are considered. We identify some problems that arise in judicial practice when using a counter-claim as a means of protecting the defendant. It is shown that legal uncer-tainty leads to the lack of a common opinion among the courts regarding compliance with all the criteria necessary for filing a counterclaim, which leads to a complicated process and poor-quality consideration of the case. The inadequate level of legal regulation of the institution in question also creates problems related to the return of a counterclaim and with the appeal of the relevant court ruling. We study the judicial practice devoted to the so-lution of the mentioned issues. It is concluded that the right to file a counter-claim actually depends entirely on the discretion and will of the court, which often leads to its violation. Practical recommendations have been developed aimed at overcoming legal gaps in this area, optimizing and improving the current legislation in terms of filing a counterclaim.