Tsytsylina T.L. The Problems of the Modern Russian Legislation on Arbitration Proceedings and International Experience
Tsytsylina Tatyana Leonidovna
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)
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,
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Abstract. In this article the author raises the problems of the modern Russian legislation on arbitration proceedings. The comparative characteristic of arbitration is important due to the fact that it has the ability to regulate relations complicated by a foreign element.
This article discusses the following issues of arbitration courts: state courts in Russia are skeptical about the activities of the arbitration courts; there is a negative practice of creating a country of “pocket” arbitrations, including arbitration clause in the contract without the consent of the parties to the contract and so on., business attempts to use the arbitration court for private benefits. In addition, the arbitral tribunal will certainly face problems of lack of authority in the resolution of the case.
The author concludes that the arbitration process in Russia and the arbitration process abroad represent two fundamentally different concepts, the last of which in the Russian legislation has a separate niche and is called arbitration. The arbitration process in Europe and arbitral proceedings in the Russian Federation are based on the principles developed by the United Nations Commission on International Trade Law.
In any case, the arbitral tribunal is a product of the civil society and the legal regulation of its activities, granting of rights and freedoms, the level of confidence by society demonstrate achievement of its nationals in the high-level of legal consciousness and reflect public morality.
Key words: statement of claim, court, court proceedings, arbitration proceedings, arbitration, international relations.
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