ПРОБЛЕМЫ АРБИТРАЖА В РОССИИ: СУДЕБНЫЙ КОНТРОЛЬ И АНГЛИЙСКОЕ ПРАВО. ВГЛЯД ПРАКТИКА

Abstract

This article sets out the author’s vision of the role, reasons for ineffective interaction between arbitration and the judicial system in the Russian Federation. It provides relevant eloquent statistics, reveals the essence of the negative factor affecting the national market of legal services. The article argues the thoughts and recommendations for correcting the current situation. In 2016, there was an arbitration reform in the Russian Federation, with the objective of creating the arbitration centers corresponding to the world standards, not in a declarative order, as before, but in a permissive procedure. More than two thousand centers were removed from the market, most of which did not act on an independent basis, but as a tool in corporate wars or administrative subordination within holdings or groups of companies. The five new arbitration centers that have received certification have good potential for the development of arbitration in the Russian Federation. However, the number of disputes heard by these arbitration courts is extremely small. It is 0.1% of all civil cases of an economic nature, considered by state courts. The reason for this is the crusty way of thinking of judges, who still do not trust arbitration, and the rigidity of our judicial system. This article attempts to provide information on the English law products and its influence. Critical judgments are expressed about the merits of English law in disputes related to Russian assets.