Agreement for legal services. Agreement for the provision of legal services sample (standard form)


Document type: Service Agreement

Document file size: 8.5 kb

Relatively small companies and firms need such an agreement. Large and established companies, as a rule, have their own legal service or a lawyer on staff. But the contract for the provision of legal services will be drawn up within the legal framework in both the first and second cases: this is the competence of the lawyer.

What is included in the contract

The principle of such an agreement is based on official data about the parties entering into it. And then there is a sequential decoding of the legal service:

  • the contractor undertakes to advise the customer and provide legal assistance, taking into account the volume and conditions of the order;
  • As for consultations, they can be oral or written;
  • the contractor participates in the preparation of contracts if they are necessary for the customer in the process of his work;
  • prepares documents for government and judiciary, if the dispute so requires.

You can continue the list of services. But the essence is clear: when signing the contract, the customer indicates various reasons for the provision of legal services. And in the same agreement they sign the agreement to pay for the service provided. Moreover, according to the contract, the client pays an advance equal to half the total cost of the service. And he does this within the period agreed upon and included in the contract.

Application from the customer

It is the application, which is also specified in the contract, that obliges the client to provide the contractor with the following information:

  • a complete detailed description of the problem;
  • signature of the responsible or authorized person;
  • application date;
  • optimal service completion time.

There is another deadline that is mentioned in the contract: the lawyer begins work on the service immediately after receiving an advance payment or advance.

Form of agreement for the provision of legal services

Sample contract for the provision of legal services (completed form)

Download Agreement for the provision of legal services

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AGREEMENT for the provision of legal services No.

in a person acting on the basis, hereinafter referred to as " Legal consultation", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Client", on the other hand, hereinafter referred to as " Parties", have entered into this agreement, hereinafter referred to as the "Agreement", as follows:
  1. The Client instructs, and the Legal Consultation accepts the obligation to provide the Client with legal assistance regarding.
  2. Under this agreement, Legal Consultation undertakes:
    • study the documents submitted by the Client and inform the Client about possible options problem solving;
    • prepare the necessary documents for the court and represent the Client’s interests at all stages trial when considering a case on;
    • when positive decision implement necessary actions for the execution of a court decision.
  3. The cost of services under the contract is determined in the amount of rubles. Payment is made as follows:
    • The Client transfers rubles to the Legal Consultation account within days after signing this Agreement as a deposit;
    • rubles are transferred by the Client after the court makes a decision on the merits;
    • rubles - after the court decision enters into force legal force.
  4. In addition, upon reaching positive result, namely: The client pays Legal Consultation a premium in the amount of % of. After the Legal Consultation completes each stage of work, a certificate of completion of the stage of work under the contract for the provision of legal services is signed.
  5. The legal consultation begins work after receiving the deposit.
  6. The Client provides Legal Consultation within days after signing the Agreement with all available information and documents necessary to fulfill obligations to the Client. Legal advice guarantees the safety of documents. The legal consultation office is not responsible for the consequences associated with the Client’s submission of documents that do not correspond to reality.
  7. The client reimburses the lawyer for travel and other expenses in the amount agreed upon between the parties.
  8. When early termination agreement, at the initiative of the Client, the amounts transferred by the Client are not refundable.
  9. The parties are released from liability for non-fulfillment or improper fulfillment of obligations under the contract in the event of insurmountable obstacles, which mean: natural disasters, mass riots, prohibitory actions of the authorities and other force majeure circumstances.
  10. The parties undertake to resolve all arising disagreements through negotiations. If the parties fail to resolve any disagreements that have arisen, the dispute shall be resolved in judicial procedure.
  11. The legal consultation office appoints a lawyer to carry out this assignment and takes measures to ensure that the assignment is completed on time and with high quality.
  12. The expiration date of this agreement is also considered to be the signing by the parties of the act of completion of work under the contract for the provision of legal services or the day the parties sign the protocol on the impossibility of resolving this issue by legal means.
LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Legal consultation

  • Legal address:
  • Mailing address:
  • Phone fax:
  • INN/KPP:
  • Checking account:
  • Bank:
  • Correspondent account:
  • BIC:
  • Signature:

Client

  • Legal address:
  • Mailing address:
  • Phone fax:
  • INN/KPP:
  • Checking account:
  • Bank:
  • Correspondent account:
  • BIC:
  • Signature:

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AGREEMENT FOR PAID LEGAL SERVICES
individual no.

g.________ "___"__________g.

Gr. ________________________________________________, hereinafter referred to as the “Customer”, on the one hand, and the Company on the limited liability“Defense”, hereinafter referred to as the “Executor”, represented by the Director ____________, acting on the basis of the Charter, on the other hand, collectively referred to as the “Parties”, and separately as the “Party”, have entered into this agreement (hereinafter referred to as the Agreement) as follows.
1. THE SUBJECT OF THE AGREEMENT
1.1. Under the Agreement, the Contractor undertakes, on the instructions of the Customer, to provide the services (hereinafter referred to as the Services) named in the List of services provided, which is integral part Agreement (Appendix No. 1), and the Customer undertakes to pay for these Services in in full under the terms of this Agreement.
1.2. The Contractor has the right to involve third parties in the provision of Services without first obtaining the Customer’s consent.
1.3. The terms for the provision of Services are defined in the List of services provided (Appendix No. 1).
2. PROCEDURE FOR SUBMISSION AND ACCEPTANCE OF WORK
2.1. Upon provision of the Services, the Contractor submits to the Customer for signing the acceptance certificate for the services provided in two copies.
2.2. If there are deficiencies, the Contractor undertakes to eliminate them within 3 (three) working days from the date of receipt of the relevant claims from the Customer.
2.3. Services are considered provided from the moment the Parties sign the acceptance certificate for services provided.
3. PRICE AND PAYMENT PROCEDURE
3.1. total cost Services amount to _________________________
(_____________________________________________________) rub.
3.2. The Customer pays for the Services upon signing this advance in the amount of ____________ (_______________________________________________________________) rubles.
Within 3 days after the Parties sign this Agreement, the Customer is obliged to pay the remaining cost of services in the amount of ___________________________
(__________________________________________________________________) rub.
3.3. At the price of the Agreement specified in clause 3.1. expenses for paying state fees, conducting pre-trial research, forensic examinations, representation and other legal expenses. The costs specified in this paragraph are paid by the Customer independently.
3.4. All payments under the Agreement are made by depositing Money to the Contractor's cash desk or to non-cash by transferring funds to the settlement account specified by the Contractor.
3.5. The Customer’s payment obligations are considered fulfilled when cash is deposited - on the date of their deposit at the cash desk, in accordance with the established cash documents, at non-cash payment- on the date of transfer of funds to the correspondent account of the Contractor’s bank.
4. RESPONSIBILITY OF THE PARTIES
4.1. The party that has not performed or properly which has fulfilled its obligations under the Agreement is obliged to compensate the other Party for losses resulting from its fault.
4.2. In all other cases of failure to fulfill obligations under the Agreement, the Parties shall be liable in accordance with current legislation RF.
4.3. The customer does not acquire ownership of the results intellectual activity performer provided under this Agreement.
4.4. The Contractor has the right to use the results of intellectual activity at his own discretion, without violating the personal, non-property and other rights of the customer, as well as the rights of third parties.
5. FORCE MAJEURE
5.1. The parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement if any force majeure, that is, extraordinary and unpreventable circumstances under given conditions, which mean prohibited actions of the authorities, civil unrest, epidemics, blockade, embargo, earthquakes, floods, fires or other natural disasters.
5.2. If these circumstances occur, the Party is obliged to notify the other Party about this within 10 days.
5.3. If force majeure circumstances continue to apply for more than 10 days, then each Party has the right to terminate the Agreement unilaterally.
6. VALIDITY, CHANGES AND EARLY TERMINATION OF THE AGREEMENT
6.1. The validity period of the agreement is indicated in Appendix No. 1.
6.2. All changes and additions to the Agreement are valid if made in writing and signed by both Parties. The corresponding additional agreements of the Parties are an integral part of the Agreement.
6.3. The contract may be terminated early by agreement of the Parties, or at the request of one of the Parties in the manner and on the grounds provided for by the current legislation of the Russian Federation, while the Customer has the right to refuse to perform the contract at any time before signing the act by paying the Contractor a portion set price in proportion to the portion of the Services provided performed before receiving notice of the Customer’s refusal to perform the Agreement.
7. DISPUTE RESOLUTION
7.1. The parties will strive to resolve all possible disputes and disagreements that may arise under the Agreement or in connection with it through negotiations.
7.2. The Customer's claims related to non-compliance proper execution of this Agreement are sent by actual location location of the Contractor specified in clause 8 of the Agreement.
7.2. Disputes that are not resolved through negotiations are referred to the court in the manner prescribed by the current legislation of the Russian Federation.
8. FINAL PROVISIONS
8.1. The Agreement comes into force from the moment the Customer makes payment, in the manner and within the time limits provided for in clause 3.1. and clause 3.2. actual agreement.
8.2. The Agreement, including Appendix No. 1 to it, is drawn up in two copies, one for each of the Parties, on 3 (three) pages and Appendix No. 1 on 1 (one) page.
8.4. Addresses, details and signatures of the Parties:
Customer: ______________________
Registered: ________________
Passport: _______________________
Issued by: ___________________________
Date of issue: ______________ code __
Signature:______________ (__________________)

Contractor: Limited Liability Company "_______"
Legal address: _____________________________, room II;
Postal (actual address): _______________________________

Director __________________________

Any organization or entrepreneur in the Russian Federation is obliged to carry out its activities exclusively within the legal framework of the state. There are often situations in which it is impossible to do without legal assistance, and your legal department or there is simply no lawyer on duty. In such cases, the legislation provides for the conclusion of an agreement for the provision of one-time or systematic legal services. For guard legal rights and the interests of the parties, an agreement is concluded that contains the rights and obligations of the participants in legal relations.

Subject of the legal services agreement

Chapter 39 of the Civil Code of the Russian Federation establishes the possibility of concluding a paid or gratuitous agreement on, including legal nature. An agreement for the provision of legal services is an agreement under which one party undertakes to perform a number of agreed upon legal services, and the second party undertakes to accept the services provided and pay for them.

The agreement is between:

  • customer - legal or an individual who needs legal assistance;
  • the executor is a specialist in the field of law who has advising qualifications to carry out this type of activity.

In such agreements essential condition there will be a determination of the subject of the contract - the nature and scope of the service provided. IN mandatory the subject of the agreement must be highlighted as a separate clause in the contract, given its importance, because it will contain information:

  • about the volume and nature of the performer’s upcoming actions;
  • about the nature of the service - one-time or systematic;
  • about the type of service - consultation, representation in courts or other government institutions, Preparation legal documents etc.;

It is important to remember that in the process of providing legal assistance, unforeseen situations may arise that require a broader list of powers for the executor, therefore strict restriction subject of the contract an exhaustive list may become an obstacle to the proper provision of the service in full.

Quality of legal services

The level of training and professionalism of the performer is also important, because this is a fundamental indicator of the final result. If we talk about purchase and sale agreements, then it is much simpler - there are established requirements and GOSTs that define product quality standards. In agreements for the provision of legal services, the parties can determine that the contract will be considered fulfilled upon achieving a positive result, and any other result of such cooperation will lead to a change or exclusion of the amount of remuneration.

The legal sphere covers and regulates all legal relations arising in the Russian Federation, and any activity of legal entities or individual entrepreneurs is regulated by relevant regulatory legal acts.

The parties may agree that the agreement is concluded for the purpose of:

  • receipt by the customer of written or oral legal advice;
  • representing the interests of the customer in judicial authorities;
  • conducting an examination of documents of legal significance;
  • preparation of procedural documents;
  • other legal issues requiring intervention and support by a qualified specialist.

Requirements for the form and content of a legal services agreement

The agreement can be concluded on the letterhead of one of the parties, or by joint agreement. During the period of negotiations on the upcoming transaction, the parties express their wishes. It is possible that one party will provide the other party with its version of the draft agreement, and the other party will respond with a protocol of disagreements outlining its vision individual items agreement or the entire agreement as a whole. After final approval of the wording of the agreement, the parties put their signatures, thereby agreeing to the terms set out in it.

In order for the agreement to fully reflect the interests of each party to the transaction, the text of the agreement must display:

  • subject – the parties provide comprehensive information regarding the volume and nature of the service provided;
  • rights and obligations of the parties;
  • the procedure for the parties to fulfill their obligations under the contract;
  • the amount and procedure for payment for the services provided - the parties can agree that the contractor receives part of the payment or the full amount as an advance payment, or upon provision of the agreed service;
  • contract time;
  • procedure and conditions for early termination of the transaction;
  • liability of the parties in case of violation of the agreed terms of the contract;
  • settlement of disputes;
  • details of the parties.

Types of contracts for the provision of legal services

Depending on the type of need for legal assistance, the following may be concluded:

  • civil contract;
  • contract of agency;
  • agreement with a lawyer;
  • agreement with a notary.

Civil contract wears urgent nature and is concluded between the customer and the contractor on certain period. The contractor in such an agreement plays the role of a contractor and performs specific tasks. In such an agreement, the customer determines the front upcoming works and does not interfere with the order and mode of execution. In other words, an agreement is signed to achieve an agreed result, and the performer decides how it will be achieved. The final settlement in such a transaction can only be provided upon achieving the set goal.

A civil contract for the provision of legal services can be paid or gratuitous. It is advisable to conclude this type of transaction on certain period, to perform a number of tasks, as opposed to a contract of agency.

Agency agreement is to perform a specific task in the interests of the customer. The parties to such a transaction are the principal and the representative.

The performer may be obligated to:

  • cook and serve procedural documents V courts and other government bodies;
  • represent the interests of the client in court;
  • carry out other actions in the interests of the principal.

The customer undertakes to transfer legal representative exclusively complete and reliable information regarding the problematic situation that has arisen or requires the intervention of a specialist. If planned one-time appeal to a legal specialist, then this type of transaction is the most appropriate and will be limited to the performance of a specific task.

Agreement with a lawyer in most cases it is of a compensatory nature. Unlike a legal specialist, a lawyer has a wider range of powers in interaction with government agencies. Moreover, there are separate regulatory legal acts regulating the activities of a lawyer.

An agreement concluded with a lawyer may imply:

  • providing consultations;
  • representation of interests in government agencies;
  • representation in court;
  • protection of client interests in court proceedings;
  • other legal relations.

Agreement with a notary is often of a certification nature, because the main task of a notary is to certify and confirm the legal validity of a document. In addition, the customer can receive advice on various issues precisely at the notary.

Terms and responsibilities under the agreement

Agreements for the provision of legal assistance may provide for several understandings of the term terms. The parties may agree that the agreement will be valid:

  • certain period;
  • before full execution the executor of the undertaken obligations;
  • until a specific goal is achieved.

The parties may agree that liability for violation of obligations under the agreement will be regulated general provisions The Civil Code of the Russian Federation, however, this does not prohibit it from being written in the text of the agreement additional items regulating sanctions for violation of contractual obligations.

The customer may be responsible for:

  • violation of payment terms for services rendered;
  • evasion of payment for services rendered;
  • causing damage to the performer;
  • providing the contractor with inaccurate or incomplete data, which made it impossible for the other party to fulfill obligations.

The Contractor may be responsible for:

  • untimely or non-fulfillment of obligations under the contract;
  • pass established deadlines fulfillment of an obligation;
  • partial fulfillment of obligations;
  • causing harm to the customer by their actions;
  • disclosure of confidential information to persons not covered by the agreement;
  • other violations.

In any case, if in pre-trial proceedings it is not possible to resolve a controversial issue relating to non-fulfillment or improper execution obligations assumed, then the only way out will be to go to court. The more detailed the rights and obligations of the parties, as well as the procedure for their implementation, are described in the contract, the easier it will be to argue your case in court.

Thus, the contract for the provision of legal services is in a convenient way solving legal issues if the enterprise or individual entrepreneur No in-house lawyer. Convenience lies in the fact that it is always possible to choose a specialist who can provide qualified legal assistance even in a narrowly focused branch of legal relations. Additionally, it is possible to agree on the amount of payment for the services provided.

Despite the fact that, personally, I attach to the contract for the provision of legal services minimum value and I conclude it only to fix the subject of the relationship, the procedure for paying for legal work and reimbursement of legal expenses incurred in court, the interest of Internet users in this document increases significantly. Therefore, I decided to publish sample agreement for the provision of legal services concluded by me and voice significant circumstances approval and execution of this document.

Why does an agreement for the provision of legal services in court play such little importance in the relationship between the parties?

  • The document is drawn up by a lawyer, and if he is a professional, then in a detailed agreement he will provide all guarantees for himself and will relieve all possible liability
  • In such an agreement, in the vast majority of cases, there is no way to reliably reflect the timing of the provision of services, the progress of their execution and the result (therefore, the wording “usual risk of interaction with government agencies” is used, since no one has canceled it)
  • And most importantly, the progress of execution of the client’s order and the result judicial work depend entirely on the will of the lawyer, which cannot be forced, except by motivating payment for results. I wrote about the peculiarities of attractive conditions, when payment for arbitration representation is not advanced, but occurs only if the outcome of the case is positive, in the article

However, both the contractor and the client must agree on in writing the subject of their agreement, its cost and payment procedure. If a lawyer forms a pile various conditions contract for a dozen sheets, then this may raise doubts among the applicant legal assistance faces, because in any case, he is the least protected party in the relationship being formalized. Concluded by me throughout recent years the contract looks like this (once you see its simplicity, you will understand why the preface was needed).

Sample agreement for the provision of legal services (download in .docx)

AGREEMENT No. ___/16
for the provision of legal services

Moscow city "___" _________ 2016

Limited Liability Company " Law Firm Entente" represented general director Sukhanov D.V., acting on the basis of the Charter, hereinafter referred to as the “Executor”, on the one hand, and Joint-Stock Company“____ ______” represented by General Director __________________, acting on the basis of the Charter, hereinafter referred to as the “Customer”, on the other hand, hereinafter collectively referred to as the “Parties”, and separately as the “Party”, have entered into this Agreement (hereinafter referred to as the “Agreement”) on as follows:

1. The Subject of the Agreement
1.1. The Customer instructs, and the Contractor undertakes to provide legal services to the extent and on the terms provided for by this Agreement (hereinafter referred to as the “Services”), as well as the relevant Appendices to the Agreement, which are its integral parts.
1.2. Services are provided directly by the Contractor, without the involvement of third parties.
1.3. The Contractor provides services in accordance with the Customer’s instructions, which must be legal, feasible and specific. The Contractor has the right to deviate from the Customer’s instructions if, under the circumstances of the case, this is necessary in the interests of the Customer.

2. Obligations of the Contractor
2.1. Notify the Customer based on the information sent by e-mail requirements, information on the progress of fulfillment of the terms of the Agreement.
2.2. Study the information and documents provided by the Customer necessary for the provision of Services, inform the Customer about possible options for the provision of Services, carry out preparations necessary documents, if required as part of the provision of the Services.
2.3. The Contractor undertakes to ensure the safety of documents, as well as the confidentiality of information received from the Customer in connection with the fulfillment of the terms of the Agreement.
2.4. Honestly, reasonably and conscientiously defend the rights and legitimate interests of the Customer. Use all means and methods not prohibited by the legislation of the Russian Federation to protect the rights and legitimate interests Customer.
2.5. The Contractor is not responsible for the consequences associated with the intentional or unintentional provision by the Customer of documents containing inaccurate or irrelevant information.
2.6. When late payment By the Customer of the Contractor's Services, the Contractor has the right to suspend the provision of services until the Customer has fully settled with the Contractor, and, accordingly, the terms for the provision of Services will change to later in proportion to the time of delay in payment for the Services.
3. Responsibilities of the Customer
3.1. Issue to the Contractor a power of attorney in the form specified by him, drawn up in accordance with the requirements of the law, confirming the Contractor’s authority to third parties to perform actions within the framework of the provision of Services.
3.2. Pay for the Contractor's services on time, state duties, business trips and others additional expenses arising in the process of providing services.
3.3. Provide, upon the Contractor's request, all documents and information necessary for the Contractor to provide the Services in the required number of copies.
3.4. Do not transfer information received from the Contractor related to the provision of Services to third parties and do not use it in any other way that could lead to damage to the interests of the Contractor.
3.5. During the period of provision of the Services, do not take any actions (personally or through intermediaries) related to the provision of the Services without the consent of the Contractor.

4. Payment procedure and terms
4.1. The cost of the Services, as well as the payment procedure, are indicated in the relevant Appendices to this Agreement. The actual time spent by the Contractor’s specialists, as reflected in the relevant reports, is subject to payment. The amounts specified in clause 3.2. Agreements, as well as the procedure for their payment, are agreed upon by the Parties by signing additional agreements or applications.
4.2. The Customer's obligation to pay for the Services is considered fulfilled from the moment funds are received into the Contractor's bank account in the amount payable.
4.3. At early termination relationship or termination of the contract, the Customer pays for the services actually provided by the Contractor in accordance with the report on the services provided.

5. Procedure for delivery and acceptance of services
5.1. Within 5 (five) working days from the date of completion of the Services, the Contractor shall provide the Customer with a Certificate of Acceptance of Services (hereinafter referred to as the “Cert”) in two copies signed on its part.
5.2. The Customer, within 3 (three) days after receiving the Certificate, is obliged to accept the services by signing the Certificate and send one copy to the Contractor, or send written reasoned objections to the Contractor.
5.3. If the Contractor fails to receive the signed Certificate or the Customer’s motivated objections within the time period specified in clause 5.2. Agreements and services are considered to be provided by the Contractor properly and accepted by the Customer in full, and the Certificate signed by the Customer.

6. Privacy
6.1. The Parties have agreed that the terms of this Agreement are confidential, and neither Party has the right to disclose to third parties any information related to the execution of this Agreement, except in cases where the form and conditions for its disclosure are agreed upon by the Parties or this is required in accordance with current legislation RF. Such agreement can be carried out by exchanging letters, documents via fax and/or by email.
6.2. Each Party undertakes to protect confidential information provided to it by the other Party under the Agreement, from disclosure to third parties, its publication or disclosure in any other way during the term of this Agreement and for five years after its termination.
6.3. Disclosure of confidential information to third parties, its publication or disclosure in any other way during the term of this Agreement and for five years after its termination is carried out with the consent of the Party holding such information, regardless of the grounds for termination of the Agreement.
6.4. The Party that received confidential information from the other Party is not responsible for the disclosure of such information or part thereof if this information or part thereof was known to the Party that received it before receiving it from the other Party or became generally known without the participation of the Party that received it. the specified information or part thereof.

7. Responsibility.
7.1. In case of failure or improper fulfillment by the Parties of their obligations under the Agreement, the Parties shall be liable in accordance with current legislation, as well as the terms of the Agreement.
7.2. The Contractor does not provide any separate guarantees, expressed or implied, except expressly specified services in the Appendix to the Agreement.
7.3. Under no circumstances shall the Contractor bear any liability to the Customer for interruption of production, lost business, lost profits or any other indirect losses or their consequences, regardless of whether or not the Party could have foreseen the possibility of such losses in a particular situation.
7.4. In case of delay in payment for Services, including the amounts specified in clause 3.2. of the Agreement, the Contractor has the right to demand, and the Customer is obliged to pay a penalty in the amount of 1% (one percent) of the overdue amount for each day of delay.

8. Duration of the Agreement.
8.1. Genuine contract comes into force from the moment of its signing and is valid until the Parties fully fulfill their obligations, namely: the end of the actual provision by the Contractor of the Services provided for in the relevant Appendices to the Agreement and confirmed by the presence the Act signed by the Parties and the fulfillment of obligations for full payment by the Customer for the Services.
8.2. The contract may be terminated at the initiative of the Customer. In this case, the Customer must notify the Contractor in writing one month before the expected date of termination of this Agreement and pay for the Services actually provided by the Contractor at the time of termination of this Agreement, as well as the costs actually incurred by the Contractor in the process of providing the Services, including the costs specified in clause 3.2. Agreement.
8.3. Unilateral refusal The Contractor is allowed to refuse to fulfill its obligations only if the Customer violates its obligations.
8.4. The parties recognize the exchange of messages by e-mail as the appropriate method for transmitting information and documentation.

9. Dispute resolution.
9.1. All disputes and disagreements arising from this Agreement will be resolved by the Parties through negotiations.
9.2. If it is impossible to resolve disputes and disagreements through negotiations, the Parties establish a mandatory pre-trial procedure settlement controversial issues. This procedure requires the submission of written claims.
9.3. After receiving the refusal of the Party to satisfy the written claim of the other Party or if the Party does not receive a response to the claim from the other Party within 10 calendar days, the dispute is subject to consideration in Arbitration Court Moscow.

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