• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site
For visually-impairedUser profile (HSE staff only)SearchMenu

The Problems of Corporate Disputes Arbitrability in Russia

ФИО студента: Andrey Kuznetsov

Руководитель: Liubov A. Prokudina

Кампус/факультет: Faculty of Law

Программа: Corporate Lawyer (Master)

Оценка: 10

Год защиты: 2016

This work is dedicated to the overarching purpose of identifying the limits of corporate disputes arbitrability. To this end the work has as its goal to derive the legal criteria for non-arbitrability of corporate disputes based on the сivil law (private law) nature of arbitration as a procedural form of dispute resolution taking into account the distinctive features of corporate legal relations. The work first arrives at the general criteria for non-arbitrability of complex economic disputes in Russia based on the analysis of jurisprudence of state arbitrage courts and the Constitutional Court of the Russian Federation while taking into account international legal practice. The work then elucidates the criteria for corporate disputes non-arbitrability in particular while taking into account the effect of the presence of public interest and public-law relations on arbitrability of such disputes by means of applying the general criteria of non-arbitrability to assess the legal soundness of the classification of particular corporate disputes as either arbitrable or not in the latest legal reform of arbitration which enters into force 1 September 2016. The work also considered the issue of parties-based bounds of arbitrability of corporate disputes in conjunction with the erga omnes problem, taking into account the requirements for a valid agreement to arbitrate corporate disputes in the latest reform and the legal nature of corporate relations.

Full text (added May 20, 2016)

Student Theses at HSE must be completed in accordance with the University Rules and regulations specified by each educational programme.

Summaries of all theses must be published and made freely available on the HSE website.

The full text of a thesis can be published in open access on the HSE website only if the authoring student (copyright holder) agrees, or, if the thesis was written by a team of students, if all the co-authors (copyright holders) agree. After a thesis is published on the HSE website, it obtains the status of an online publication.

Student theses are objects of copyright and their use is subject to limitations in accordance with the Russian Federation’s law on intellectual property.

In the event that a thesis is quoted or otherwise used, reference to the author’s name and the source of quotation is required.

Search all student theses