Abuse of Procedural Rights in the Arbitration Process

Cherednichenko V. Abuse of procedural rights in the Arbitration Process This graduate paper is aimed at multipurpose analysis of the institution of procedural rights’ abuse from the position of its negative impact on the functioning of the arbitration process; search for possible ways to increase the effectiveness of the arbitration process by overcoming abuse of procedural rights. The main objectives of the paper are: 1) analysis of the phenomenon of procedural abuse on the basis of the theoretical positions’ study; 2) consideration of certain types of abuse of procedural rights and mechanisms for countering them; 3) analysis of the essence and forms of responsibility; 4) review of the current level of abuse of procedural rights, identification of causes that have a negative impact. The paper consists of an introduction, three chapters, a conclusion and a bibliography. Chapter 1 deals with the concept of abuse of procedural rights in arbitration proceess, Chapter 2 deals with the types of abuse of procedural rights and Chapter 3 deal with the ways and mechanisms of counteraction with abuse of procedural rights. Based on this research the following conclusions were made: 1) the absence of legislative consolidation of the concept of "abuse of procedural rights" creates problems in the qualification of a procedural offense; 2) the role of judicial discretion in the Russian legal system is becoming increasingly important and eliminates some of the imperfections in legislation; 3) detailed study of each type of abuse is necessary to address the problem of abuse. Academic Supervisor: Prokudina Lyubov, S.J.C., Docent, Deputy Head of the Department of Judicial branch, Faculty of Law, National Research University “The Higher School of Economics”