Arbitration as an alternative method of dispute resolution

Author(s):  A.P. Treskov, candidate of Sciences, The Kirov district court of Rostov-on-don, Rostov-on-don, Russia, altreskov@yandex.ru

Issue:  Volume 43, № 3

Rubric:  Actual Problems of Legal Regulation

Annotation:  High workload of ships in conjunction with the need to implement the establishment of Part 2 of Art. 45 of the Constitution of the Russian Federation mediate the development of extrajudicial mechanisms for resolving disputes. One of the institutional guarantees of such an alternative instance considering disputes is arbitration (arbitration). The article sets forth the author's arguments in favor of the security potential of arbitration (arbitration procedure) as an alternative to the court of law, which considers disputes on the merits. In this regard, we present an overview of legislative changes, statistical data, as well as practical views on the prospects for the further development of arbitration. The research attention is paid to the principles of arbitration, (independence and impartiality of the arbitrators, discretion, adversariality of parties and equal treatment of the parties), designed to organize the functioning of this structure. The article formulates proposals related to the improvement of the alternative procedure of arbitration

Keywords:  arbitration, arbitral proceedings, arbitral Tribunal, court, principles, dispositivity, impartiality, equality of the parties.

Full text (PDF):  Download

Downloads count:  325