Kukina T.E. The Arbitrability of the Disputes Connected With Pledge of the Property Rights Mentioned in the State (Municipal) Contract

Tatyana Evgenyevna Kukina
Candidate of Juridical Sciences,
Associate Professor, Department of Law,
Volgograd State Socio-Pedagogic University,
Deputy Chairperson of the Arbitration Court at Autonomous Nonprofit Organization “Independent Arbitration Chamber” (Moscow)
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Prosp. Lenina, 27, 400131 Volgograd, Russian Federation

Abstract. The article is devoted to the numerous research on the arbitrability of the disputes connected with the state and municipal contracts. The author investigates two categories of disputes: the first category directly deals with the state contract; the second category is connected with the state or municipal contract on the indirect basis. The author analyzes the arbitration practice of considering both categories of disputes. The author pays special attention to such category of disputes which is connected with the pledge of the property rights based on the state or municipal contract. The conclusion made implies that the arbitrability of the disputes connected with the state and municipal contracts has no accurate legislative decision.

Key words: arbitrability, state or municipal contract, pledge of property rights, arbitration court, competence, jurisdiction, reform of the arbitration court.

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