Особенности третейского разбирательства
The author considers the basic principles of arbitration proceeding as its fundamental bases, pays special attention to arbitration agreement as the ground for the submission of dispute to arbitration tribunal and analyzes some aspects of arbitration procedural order.
The article provides a comparative analysis of a legal regulation of interim measures application in international commercial arbitration foreseen by legislations of England, China and Russia. The author devotes attention to the competence of state courts and arbitration tribunals to order interim measures on behalf of the parties to arbitration established by the national legislation of those countries. The specifics of judicial assistance with regard to enforcement of the arbitration tribunals’ orders on interim measures are examined. According to the analysis presented the legislative approaches to regulation of interim measures in international commercial arbitration may vary significantly. The 1996 English Arbitration Act sets out in detail the powers of arbitration tribunal to issue the orders for interim measures and sets the limits for resourcing to state court for assistance. Furthermore, one of the forms of such assistance is the enforcement of arbitral interim measures by the court. In contrast, the Chinese legislation confers the powers to impose interim measures in support of arbitration to the exclusive competence of state courts. In Russia, the Law on International Commercial Arbitration of 1993 endows arbitration tribunals with the abovementioned powers and at the same time allows the parties to arbitration to recourse to the court for interim measures; however the key problem resides in the lack of legal provisions on the enforcement of arbitral interim measures. The article concludes that it is necessary to harmonize national legislations on the issue of application of interim measures in international commercial arbitration in order to improve the effectiveness of arbitration.
This article provides a brief overview of the current Russian arbitration legislation, with an emphasis on certain controversial issues arising from its application. Particular attention is paid to the identification of the legal sources of international commercial arbitration in Russia. The author analyzes the regulation of an arbitration agreement under the Russian arbitration law as well as the range of the disputes that may be resolved through international commercial arbitration. Some aspects of the arbitral procedure, such as the legal grounds for its termination, are reviewed in the article. The final part of the article is devoted to the grounds for challenging arbitral awards under Russian law.
The article addresses some key issues of applying interim measures in international commercial arbitration. The institution of interim measures as provisional and conservatory legal arrangements is nowadays the subject of many discussions among law students, legal scholars and lawyers who pay special attention to the employment of this procedural instrument in the process of international commercial arbitration for protecting the rights of the parties in the dispute resolution process. The author examines the very meaning of interim measures and the terminology used in referring to this concept as well as issues of interpretation of this and related notions. One of the issues discussed in this article is the feasibility of compliance and enforcement of judgments on the interim measures awarded by arbitrators in the course of international commercial arbitration. In Russia, such a mechanism was not established by the law, in contrary, it was even rejected by the judicial practice. So, there is only one way when such measures could be taken, and it is when interim measures which were indicated by appropriate arbitration judgments are mutually agreed and voluntarily accepted by the parties in arbitration dispute. At the same time, the mandatory implementation of these measures would be possible only if disputing parties appeal to a state court with a request to introduce relevant interim measures. The author also examines characteristic features of effecting interim measures indicated pursuant to arbitration rules of some of the leading international arbitration institutions, taking into account such a special case of referring to an emergency arbitrator.