If the claimant does not agree to its replacement by another person, that person may intervene as a third party claiming independent require-ments on the subject of the dispute, and the court shall notify the person concerned. If the wrong plaintiff agreed to drop out of the process, and does not give proper consent-tion entered into the process, the court shall terminate the proceedings due to the failure of the original claim by the plaintiff. If you are wrong, the plaintiff refused to be out of the process, and the proper plaintiff has not given consent to the process, then, considering the merits of the case with improper plaintiff, the arbitral tribunal shall issue a decision to dismiss the lawsuit.
To replace the improper defendant’s consent is not required, however, requires the consent of the plaintiff. In case of disagreement, the plaintiff the defendant to replace the other gim face the tribunal may draw that person as a second the defendants. The second defendant has an interest in the case is the opposite of what was in the original defendant, so they can not be seen in the quality of defendants.
New to the persons participating in the case as alleged proper ing parties must be given time to prepare for the accession process ELSE in this case must start from the beginning.
What is the succession procedure?
Under the procedural means changing the succession of one of the parties to the proceedings by another person – the successor (Article 40 of the APC).
Replacement of the disposed part of its legal successor to the arbitration process takes place only when the succession occurred in the material civil relationship.
Moving all of the powers and duties to another person (the universal succession) is possible in cases such as the reorganization of the legal entity, the death of a citizen-entrepreneur. Succession to separate the tangible legal relations (cession, transfer of debt) also entails a procedural succession.
Procedural succession is only possible when the process is already under way on the case. Procedural succession, which arose in the area of substantive relations even before the emergence of the process, “can serve as a basis for replacement during improper hand, if it will be appropriate conditions.
Succession is allowed at any stage of the arbitration process. If necessary, the successor of the intervention with the presentation of relevant evidence of the proceedings shall be suspended.
Who is called the third party in the arbitration process?
APC provides the opportunity to participate in the proceedings of third parties two groups with distinct requirements on the subject of the dispute (Article 38 of the APC) and did not allege such claims, and participating in the case on the side of the plaintiff or the defendant (Article 39 of the APC).
In Art. 38 of the APC stressed that a third party with independent require-ments have all the rights and bear all the responsibilities of the plaintiff, except the duty to maintain the order of claim settlement. Continue reading