Kazachenok S.Yu. The Legal Consequences of Applying Some Forms of Arbitration Agreement
Kazachenok Svetlana Yuryevna
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 N 5 of Volgograd Interdistrict Bar Association,
Member of Public Chamber of the Volgograd Region
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Abstract. The article is devoted to the external forms of expression of the arbitration agreement as a civil legal agreement. The existing forms of arbitration agreement are analyzed in terms of the issues that determine the legal consequences of its preparation, application and challenging. These processes mediate eventually the decision on arbitrability of the dispute. The author proves the reasonability of preparing the arbitration agreement in writing as a single document signed by both parties. The basis of this substantiation is represented by the whole set of legal factors identified in the study. Among them we should mention the difficulties of the subjects of the states participating in the New York and the European Convention, containing different requirements for the form of the arbitration agreement; the dual nature of the arbitration agreement, allowing the use of civil law as a normative framework for the requirements to its form, recognizing the invalidity of foreign economic transaction as the consequences of non-compliance with its simple written form; inability to qualify complex composition proceedings – the process of “exchange of statements of claim and reply to the claim in which one of the parties argues that there is an agreement, and the other does not object”, as simple written form of the agreement; constant relationship of international and domestic legislation fixing an arbitration agreement on scientific and technological progress and dynamic cross-border communication means; the absence of international legal recognition of the arbitration agreement concluded by electronic means.
Key words: international commercial arbitration, civil legal agreement, arbitration agreement, form of arbitration agreement, arbitrability of dispute, invalidity of arbitration agreement.
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