Решение международного коммерческого арбитража и основания для его отмены: сравнительно-правовой анализ регулирования в России и Сингапуре

Abstract

The purpose of the article is to conduct a comparative analysis of the processes for issuing, amending and supplementing awards by institutional international commercial arbitrations in the Russian Federation and Singapore, as well as reviewing the legal regulation of the setting aside the arbitral awards and current trends in judicial practice in this area in these states. The mechanism of returning an arbitral award by state courts for consideration within the framework of arbitration is analyzed in the article. This paper examines the provisions of the national legislation of the Russian Federation and Singapore governing the issues of international commercial arbitration, as well as the regulations of institutional arbitration organizations represented by the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation and Singapore International Arbitration Center; analyzes the unified norms of international law, as well as the practice of state courts and international commercial arbitration centers of the Russian Federation and Singapore. The process of an arbitral award issuing in the institutional international arbitrations of the Russian Federation and Singapore has a number of features that may indirectly affect the outcome of the dispute. The legislation of Singapore also contains additional (compared to generally accepted) grounds for the setting aside an arbitral award — fraudulent or corrupt motives; violation of the fundamental principle of natural justice, while specific approaches to the essence of these grounds were developed by judicial practice. Of particular interest is the developed pro-arbitration active position of the state court of Singapore regarding the possibility of returning an arbitration dispute from the state court to arbitration, as well as the criteria for such return.