Arbitrability of Corporate Disputes in Russia

The work is devoted to the problem of possibility to submit different kinds of corporate disputes to arbitration. The research focuses on relations arising in the process of concluding an arbitration agreement and during the proceedings, as well as the influence that arbitration of corporate disputes may have on third parties and its correlation with public policy. The main aim of this study is to conduct complex analysis of arbitrability of corporate disputes, to find out pros and cons of arbitration on such cases. In this respect, it is inevitable to scrutinize the recent reform of arbitration from the perspective of legal procedure, as well as economic welfare, politics of law. Achievement of this aim is possible through setting out the distinctive features of corporate disputes; tracing the pattern of development of the subject-matter jurisdiction of corporate disputes in Russia based particularly on judicial practice; comparative analysis on arbitrability; identifying the criteria under which corporate disputes can be arbitrable. The research includes introduction, two chapters in the main body, conclusion and list of references. The first chapter consists of three paragraphs and examines corporate disputes in arbitrazh procedure. It covers questions of defining corporate disputes and investigating their legal nature, classification of corporate disputes, and also focuses on the comparative analysis. The main issue addressed in the second chapter is separation of jurisdictions on corporate disputes between arbitration and state arbitrazh courts. This chapter begins by laying out the statutory regulation and development of the subject-matter jurisdiction from the perspective of some significant cases, then outlines the criteria of arbitrability of corporate disputes, and touches the problem of protection of the rights of third parties when handling corporate disputes to arbitral tribunals.