Decisions of international commercial arbitration as an object of review by a court of civil jurisdiction

Abstract

The article is devoted to the analysis of the content and features of the international commercial arbitration decision. Attention is focused on the specified procedural document as the object of review by the judicial authority. At the same time, the relevance of the chosen topic for coverage in the scientific article is determined based on the data of judicial statistics and the importance of acquiring the finality by the decisions of the international commercial arbitration. From this point of view, the author analyzes the procedure of acquiring legal force and finality both of the decisions of the international commercial arbitration and of the judicial act of the appellate instance, which is adopted based on the results of the review of the arbitration decision.
 Given the properties of the court decision, the work draws attention to the enforceability of the international commercial arbitration decision and other signs, the presence of which indicates the legal force and binding nature of the specified procedural document. In addition, a question is raised about the possibility of supplementing the objects of review by a court of civil jurisdiction of additional procedural documents of international commercial arbitration. In connection with this, the subject of consideration in the work is the types of decisions of international commercial arbitration and the requirements that such acts must meet. The review of the decisions of the specified arbitration by the court of appeal of civil jurisdiction is differentiated from the activity of the latter to review the decisions of the local court in the appellate procedure according to the rules of the Civil Procedure Code of Ukraine. Attention is drawn to the complete lack of level arrangement when applying to a judicial authority with a appeal to cancel an international commercial arbitration decision.
 The conclusions note the need to improve the civil procedural legislation and international commercial arbitration in relation to the optimization of the objects of review of acts of the specified body. Along with this, the author does not support the proposal expressed in the scientific literature regarding the change of court jurisdiction for reviewing the decision of international commercial arbitration.