Recognition of Arbitral Awards as Prejudicial Decisions

Abstract

The paper deals with the problem of such a characteristic of arbitral awards as prejudice in relation to the consideration of cases by courts of general jurisdiction and arbitrazh courts. Despite the fact that more and more researchers and practitioners are inclined to recognize the decisions of arbitrazh courts as prejudicial, the work substantiates that such decisions cannot have a prejudicial significance for the consideration of cases in state courts. This takes place due to the fact that arbitrazh courts do not belong to the agencies for the administration of justice, and therefore arbitral awards represent the result of a private-law method of dispute resolution and, accordingly, do not have a public-law character. However, the prejudice of the circumstances established by the arbitral awards is not excluded if the State courts comply with a certain procedure. The paper attempts to describe the procedure for recognizing the circumstances contained in the arbitral award as prejudicial.