Civil procedural law. Features and types of arbitration courts (the most important)

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Civil procedural law. Features and types of arbitration courts (the most important)

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85. FEATURES AND TYPES OF ARBITRATION COURTS

Arbitration court - the court of a third party, elected by the disputing parties themselves, to whom they voluntarily entrust the decision on their case and undertake to obey this decision in advance.

Purpose of arbitration - settlement of legal conflicts that have arisen and ensuring the voluntary fulfillment of obligations.

The legislation on arbitration courts for resolving economic disputes provides for two types of arbitration courts:

1) arbitration courts created to resolve a specific dispute (the so-called “ad hoc” arbitration courts);

2) permanent arbitration courts. The difference between them is that when submitting a dispute to an arbitration tribunal established to consider a specific dispute, the parties themselves must determine in detail the procedure for its formation and the procedure for considering the dispute.

Features of arbitration courts:

1) the subject of the proceedings is a dispute or a group of disputes in relation to which the parties have agreed to be considered by a panel specially created for this purpose (or by a single arbitrator);

2) the procedure for appointing arbitrators or the composition of the tribunal may be agreed upon when determining in the contract or separate agreement the conditions for the consideration of the dispute by the arbitral tribunal;

3) the conclusion by the parties of an agreement on the transfer of a dispute to a permanent arbitration court implies that the parties instruct this institution to resolve those organizational issues that, by law, they are entitled to resolve independently;

4) if the parties conclude an agreement on the transfer of a dispute to an arbitration court, such a dispute cannot be the subject of consideration in an arbitration court;

5) the flexibility of the arbitration procedure, including the provision of broad opportunities for the parties to independently choose arbitrators to resolve the dispute. The parties have the right to elect as arbitrators any persons with the necessary qualifications, including foreigners;

6) the arbitral tribunal makes a decision in accordance with the terms of the contract and taking into account the trade customs applicable to this contract;

7) arbitration courts, including permanent ones, cannot issue orders and other enforcement documents;

8) arbitration proceedings are carried out on the basis of the principles of legality, confidentiality, independence and impartiality of arbitrators, optionality, competitiveness and equality of the parties.

The rest of the procedure is similar to the consideration of the case in the court of first instance and ends with the issuance of a court decision.

In accordance with the Code of Civil Procedure of the Russian Federation, the decision of the arbitral tribunal may be challenged by the parties to the arbitration by filing an application to cancel the decision of the arbitral tribunal. At the same time, it is stipulated that only decisions of the arbitration court adopted on the territory of the Russian Federation can be challenged.

The application must be filed with the court in whose territory the disputed decision of the arbitration court was made. To file an application for the annulment of the decision of the arbitral tribunal, a 3-month period is established, calculated from the date of receipt of the disputed decision by the party that filed the application.

Author: Gatin A.M.

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