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The Arbitrability of Corporate Disputes

Student: Vorobyeva Margarita

Supervisor: Dmitry Smolnikov

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Final Grade: 7

Year of Graduation: 2019

The issue of resolving corporate disputes in procedural legislation needs to be clearly regulated, since it is a complex group of disputes, in which the interests and rights of a large number of persons may be affected. This study focuses on the issue of arbitrability of corporate disputes. In this work we found such problems as the delimitation of competences between state courts and arbitration courts, the legal regulation of the process of consideration of cases in the framework of arbitration in Russia and other states such as Ukraine, Kazakhstan, the United Kingdom and Germany. The analysis of the reform of the arbitration proceedings of 2015 has importance in the work, especially about changes in the legislation relating to this group of disputes. What is more, in conclusion we came to the following inference. The reform of the arbitration proceedings of 2015 deserves a positive assessment, but judicial practice has not shown effectiveness and demand yet. Moreover, this fact is confirmed by the lack of information on incoming corporate disputes on the official websites on the Internet of all PDAU’s. As a result, it is embarrassing to assess the effectiveness of the existing corporate arbitration procedure.

Full text (added May 10, 2019)

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