Ограничение права на справедливое судебное разбирательство и институт антиисковых запретов: проблема соотношения

Юридический бюллетень. 2023. Т. 8. № 2. С. 29–39.

Федоров А. С.

The right to a fair trial constitutes an element of the exercise of the right to judicial protection and it is absolute and fundamental by its legal nature. However, with the growing importance of the autonomy of will in the modern legal system, it raises the issue to what extent the limits of its exercise can be restricted by the private autonomy of the subjects of the legal relations and by public authorities. The purpose of this study is to determine whether the right to a fair trial can be limited by using the institute of anti-suit injunction as an example. This research uses mainly the comparativelegal and formal-logical methods as well as analysis and comparison. The scientific works of Russian and foreign scholars on this topic, as well as judicial practice and relevant regulations were used in the work. The author has examined the legal nature of these institutions, presented, and critically analyzed the most prevalent approaches in modern doctrine. Based on an examination of jurisprudence and doctrine, as well as an analysis of the correlation between these institutions, the author argues that there is no violation of the right to a fair trial in the case of granting or rejecting an anti-suit injunction.

Keywords: арбитраж, civil procedure, Европейская конвенция по правам человека, arbitration, право на судебную защиту, European Convention on human rights, цивилистический процесс, право на справедливое судебное разбирательство, right to judicial protection, right to a fair trial, anti-suit injunction, антиисковый запрет