Abstract

In the conditions of modernization and reform in the world, the ongoing reforms in the law enforcement and judicial-legal spheres are aimed primarily at the comprehensive protection of human rights, freedoms and legitimate interests. Over the past period, large-scale organizational and legal measures have been taken to gradually strengthen the judicial system, ensure its independence, and reliably protect human and civil rights and freedoms. At present, there are problems associated with the arbitration. In some cases, state courts consider such transactions to be annulled, in other cases, they recognize their legal force and give priority to commercial arbitration (arbitration courts). This article discusses the issue of an arbitration agreement in the arbitration court system based on an analysis of foreign experience. In the course of studying the normative legal acts of foreign countries on the form, content and requirements for an arbitration agreement, the essence of arbitration agreements in national arbitration courts is considered. The article presents proposals for legislation as a result of the analysis of the arbitration agreement.

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