Prohibition of Refusal of a Claim in the Cassation and Supervisory Instances of the Arbitration Court in the Context of the Principles of the Arbitration Process

Abstract

The prohibition of the waiver of claim in cassation and supervisory instances of arbitration court, introduced in 2010, has been mostly seen a negative reception in the procedural doctrine, because it is regarded as a groundless restriction of the principle of dispositiveness in these instances. Аnalysis of this prohibition only in relation to this principle, however, cannot lead to an objective assessment of the changed regulation. The purpose of the study is to comprehend this legislative innovation in the context of changes over the past three decades in the legal regulation of the waiver of claim in the CPC RF, as well as in a systemic relationship with other basic principles of arbitration proceedings. The study is based on an analysis of the approaches of judicial and arbitration practice in the period when the waiver of claim was allowed in the cassation and supervisory instances, identifying their significant features. The conclusions of the article are aimed at maximizing the compliance of legal regulation of waiver of claim in cassation and supervisory instances of arbitration court with the tasks of legal proceedings (article 2 of the CPC RF).