ARBITRATION FEE - CURRENT REQUIREMENT

The applicant appealed to the court with a request to issue a writ of execution for the enforcement of the arbitral tribunal's decision. Leaving the application without consideration, the court of first instance proceeded from the existence of bankruptcy proceedings initiated against the interested person.

The cassation sent the dispute for reconsideration, noting that, according to the decision of the arbitration court, the obligation to return the advance payment arose from the debtor on 07/24/2023, from the moment of termination of the contract for major repairs, that is, after accepting the application for declaring the debtor bankrupt. The applicant's arguments are subject to assessment as to whether the claimed claim is current. The conclusion of the court of first instance that the claimed claim should be considered in the bankruptcy case is premature.

In addition, the court left without consideration the Fund's claim regarding the issuance of a writ of execution to collect the arbitration fee and the state fee paid for filing an application for the issuance of a writ of execution. The legal position on attributing the arbitration fee to current expenses has been repeatedly reflected in judicial practice.