Prejudice Issues in Arbitration Proceedings

Abstract

The paper is devoted to some aspects of applying the institution of prejudice in the framework of the arbitration proceedings. The paper analyzes two topical issues of interest for both procedural science and law enforcement practice. The first question relates to the prejudicial effect of general jurisdiction and commercial courts’ decisions for arbitration proceedings that entered into legal force: can the circumstances established by the enacted act of the state court not be subject to proof in the framework of the arbitration proceedings? Based on the results of the study of this issue, conclusions are drawn. Another issue concerns the equally important problem of applying the institution of prejudice in arbitration proceedings: Does the arbitral award have the feature of prejudice and can the circumstances established by the arbitral award not be subject to dispute when considering another case, both within the framework of arbitration proceedings and in the framework of state justice? Based on the analysis of scientific doctrine and judicial practice, including the legal positions of the Constitutional Court of the Russian Federation, the author proposes a set of measures aimed at improving the legal regulation of arbitration proceedings.