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Interaction Between State Arbitrazh Courts and Arbitration Tribunals

ФИО студента: Svetlana Gerber

Руководитель: Liubov A. Prokudina

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2017

Legislation of the Russian Federation provide alternative ways of dispute resolution, for example, arbitration tribunal, which is special court. Therefore, parties to a contract could choose between state arbitrazh court or arbitration tribunals. Arbitration tribunals are the oldest form of dispute resolution. They were legalized in the middle of the 19th century in Russia in order to encourage people to settle disputes without applying to the state court and in short time. In 1864, the judicial reform resulted in the Charter of Civil procedure. The main problem was interest of judges in dispute resolution. The other problem was creature fictitious arbitration tribunals. As a result, the courts took unfair decision. In order to eliminate such situations, legislator included control of state court over decision of arbitration tribunals. In 1991, Act of state arbitrazh was accepted. This act established only one form of interaction between state arbitrazh courts and arbitration tribunals, which was the issuance of write of execution. In 2002, the Commercial Procedure Code of Russian Federation entered into force and established several new forms of interaction between state arbitrazh courts and arbitration tribunals. For example, challenging decision, consideration of competence of arbitration tribunals, issuance of writ execution etc. The system of interaction between this courts must contribute to the development of arbitral proceedings. Principles of interaction between state arbitrazh courts and arbitration tribunals are formal and they don't apply in court practice. However, state courts must follow them, because the main goal of interaction courts is detection puppet court. Consequently, if the state court does not contribute to this, the meaning of arbitration tribunals will be lost.

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