ПРИЧИНЫ ВОЗРОЖДЕНИЯ АРБИТРАЖЕЙ, В ТОМ ЧИСЛЕ СПОРТИВНЫХ, ИНЫХ ФОРМ АРС

Abstract

The reasons for the revival of arbitration, including sports and other forms of alternative dispute resolution (ADR) are identified and considered. The authors analyze the essence definition of judicial proceedings, the judicial process and its changes in the historical aspect on the example of civil and arbitral proceedings. The notion of adversarial legal procedure that has been forming for almost a century in the Soviet and post-Soviet space, not only in legislation, but also in people’s legal consciousness is considered. The reasons for which modern states of different legal systems “remembered” about arbitration and arbitration courts, alternative forms of conflict resolution, the simplified and reduced (abbreviated) forms of proceedings (writ, absentee) are systematized. New ideas are highlighted in the sphere of mediation, in electronic forms of dispute resolution and settlement taking into account modern features of development of social relations. In the light of modern global expansion of spheres of social relations, where legal form of rights protection has become possible, attention is paid to the sphere of physical culture and sports and to the problem of consideration and solution of sports disputes. Attention is paid to specialized arbitrations: sports, banking, investment and others. The authors express their opinion about the modern understanding of arbitration. The article tells about the formation of the institute of mediation in the Russian Federation and the Republic of Belarus and gives a comparative characteristic of mediation and other forms of dispute resolution.