Kazachenok S.Yu. Non-Arbitrability of Dispute as a Special Category of Grounds for State Intervention in the International Commercial Arbitration
Candidate of Juridical Sciences, Associate Professor, Department of Civil and International Private Law, Volgograd State University, Base Department of Southern Scientific Center of the Russian Academy of Sciences (SSC RAS), Head of the Branch no. 5 of Volgograd Interdistrict Bar Association, Member of Public Chamber of the Volgograd Region, Honored Lawyer of the Russian Federation
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Abstract. The article is devoted to the substantive legal development of the trend of reducing the role of state in the international commercial arbitrations with a parallel increase in the national ownership of alternative dispute resolution in comparison with the state proceedings. The evolution of the Institute of International Commercial Arbitration as a whole and that of the arbitration agreement in particular under the influence of mentioned trend justifies the increased research attention to the problem of state intervention in the result of parties’ will unity – in the agreement on arbitration, which can occur both at the stage of decision execution, and partly at the stage of claim security and requires reviewing the legislative and doctrinal positions on the issues of limits on such intervetion. Non-arbitrability of dispute matter is the special case of state intervention – when the arbitration is not authorized to consider disputes corresponding to this concept. The article deals with solution of problems connected with defining the arbitration category of legal disputes as well as legal recognition of disputes as non-arbitrable (the ground for rejecting arbitral decisions).
Key words: international private law, international commercial arbitration, arbitration agreement, limits of state intervention in international commercial arbitration, rejection of arbitral decision, grounds for rejecting arbitral decisions, non-arbitrability of dispute, limitation of state intervention by the clause on contesting exclusion.
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