Разрешение споров в современном коммерческом обороте: проблема использования терминов «арбитраж» и «арбитражный суд» в контексте российского действующего законодательства

Abstract

The author studies the problem of using of the terms “arbitration” and “state arbitration court” in the context of their use in relation to relevant institutions for resolution of commercial disputes. Through a comparative analysis of the term “arbitration” in the legal systems of some States, including the Russian Federation, the author identifies the differences and possible resolving ways of the problem of mixing these terms in Russia. On the basis of the research the author has arrived to the conclusion that it will be useful to change this terms in relation to state arbitration courts. In particular, the author proposes to call them economic, commercial or economic in order to prevent errors in the name of the courts in daily life and avoid the introduction of potential user confusion. The author believes that more preferable in this context the using of the term “commercial and administrative courts”. Also in the article was examined the problem of the Russian approach to the status of International Commercial Arbitration and its resolution of commercial disputes.