Formation of the legal status of the arbitration court in the jurisdictional system of the Russian Federation

Abstract

The article contains a theoretical analysis of the doctrinal and legislative foundations of arbitration proceedings in the Russian Federation, as well as the legal status of the arbitration court in the system of protection of violated or disputed civil rights. The authors begin their research with a description of the existing methods of protecting rights. The arbitration court is referred by the legislator to the number of subjects exercising legal protection and is actually equated in its legal status with state courts. Despite the indisputable private law nature of the arbitration court, it has historically been and remains the only state-recognized subject of private law, whose decisions are subject to compulsory execution, if necessary. In addition, the decision of the arbitral tribunal, which has become binding on the parties to a legal conflict, is the basis for refusal to accept a statement of claim filed with a state court and containing a claim that is identical to that already considered by the arbitral tribunal. Therefore, it can be argued that arbitration is the only alternative to state legal proceedings (as opposed to mediation and all other ADRs). The difference between arbitration proceedings and mediation and other out-of-court conciliation procedures is shown. The issue of the correlation between arbitration courts and religious courts, as well as other public organizations providing services for the resolution and settlement of conflicts in the social sphere, has been analyzed. The conclusion is made about the exceptional position of arbitration courts, which do not allow attributing religious courts and other public organizations to them