Abstract

УДК 347.73:341.63 Subject. This informational article highlights recent changes to the Russian legislation on arbitration. Purpose. To highlight the most important aspects of arbitration law reform, and examines the effects they will have on the development of arbitration in Russia Methodology. The author uses a formal-legal method. Results, scope of application. The author distinguishes the difference between constantly acting arbitration courts and arbitration courts ad hoc). The special status of a number of arbitration institutions (the ICAC and MAC at the Russian Chamber of Commerce and Industry), is contrary to the constitutional principle of equality under the law. A major achievement of the new legislation on arbitration courts is expanding the range arbitrarily disputes. Conclusions. The new legislation more clearly prescribed the interaction of arbitration and state courts, including requiring the latter to promote the arbitrators, acting under the regulations of the permanent arbitration institutions in obtaining evidence. In addition, the reform of the arbitration law have left aside the problem of improving the quality of judicial control over arbitration decisions. The arbitration law will still be able to improve the arbitration, to enhance its credibility and attractiveness for the participants of civil turnover.

Highlights

  • The Australian system of arbitration is frequently hailed by Australians as a model for the world to copy

  • The Australian system has brought considerable advantages and has proved in many respects to be well adapted to the peculiar features of the Australian social and industrial environment

  • While there is much to be gained from a study of British methods, the complicated and closely-knit structure of wages and industrial conditions in Australia rests on the arbitration system and to abandon it would cause chaos

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Summary

Introduction

The Australian system of arbitration is frequently hailed by Australians as a model for the world to copy. I would say that it is not for export, and that the British system, based primarily on voluntary industrial agreements, has proved superior to our own. (2) In practice, it transfers responsibility for avoiding or settling disputes from where that responsibility should primarily rest—namely, the parties directly concerned— to a third party, which it places in the fore-front of ARBITRATION REFORM (continued) industrial relations.

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