ARBITRATION AGREEMENT AS PART OF THE MECHANISM FOR CIVIL LAW CONTRACTUAL REGULATION

Abstract

In the current circumstances o fth e constantly changing socio-political situation and the increasing complexity of existing legal relations, a positive trend has emerged in the field of obligation law, connected with the desire of the participants of civil circulation to take more personal part in the construction o f contractual legal relations, that is, to implement their individual regulation. In this connection, the search for and detailed study oflegal means to facilitate the effective regulation of contractual legal relations, both in substantive and procedural terms, has become an issue of particularrelevance. One such means is an arbitration agreement, the disclosure o fth e regulatory properties of which becomes fully possible when applying to it thebasic provisions of the concept o f civil law contractual regulation as one o fth e progressive directions of modern civil science. Purpose: to analyze the arbitration agreement from the standpoint of the concept o f civil law contractual regulation, to identify its features and determine its place in the structure of the mechanism fo r civil law contractual regulation. Methods: empirical methods of comparison, description, interpretation; theoretical methods of analysis, synthesis, induction, classification; specific scientificmethods: formal-logical and interpretation o f legal norms. Results: the study o fth e mixed legal nature of the arbitration agreement makes it possible toconsider it as an effective and exclusive part ofthe mechanism fo r civil law contractual regulation, fa cilitating the individual regulation of the proceduralaspects of their interaction by the participants in contractual legal relations.