Arbitration Procedure Law

The subject of arbitration procedural law is the legal relationship arising between the court and interested parties in the administration of justice in cases, the consideration of which is within the competence of the arbitration courts.

The method used in the regulation of relations in the field of arbitration proceedings is characterized as an imperative-dispositive , that is, combining an imperative method in terms of regulating issues related to the actions of the court, and a dispositive method in regulating the behavior and procedural activities of participants in the trial. The arbitration process in the Russian Federation is organized in such a way that persons interested in a certain outcome of the case themselves are active in relations with the court, without imposing it on them. For its part, the court does not have the right to disregard and evaluate any procedural action of a participant in the process. As a result of the consideration of the case, the court is obliged to make a decision, which acquires universally binding force provided by the mechanism of state coercion.

Some procedural scientists have expressed the opinion that the method of regulating relations in arbitration law has the features of imperative, since the subject of regulation of the industry is the relationship between the authority - the court and other participants in the process, who are obliged to obey the decisions of such an authority.

The sources of arbitration procedural law include legal acts regulating relations arising between a court and participants in arbitration proceedings. Sources governing justice in arbitration courts are specified in Article 3 of the APC of the Russian Federation .

The Constitution of the Russian Federation, the Code of Civil Procedure of the Russian Federation and the APK of the Russian Federation established that regulation of relations in the field of civil justice can be carried out by acts of a level not lower than federal law .

• Constitution of the Russian Federation
  • The Constitution has the highest legal force and in Articles 19, 22, 32, 46-48, 118-123 regulates the most general issues of the organization of justice in the Russian Federation.
• Federal constitutional laws , which are inherently part of the Constitution of the Russian Federation. The most significant federal constitutional laws containing civil procedural rules include the federal constitutional laws:
  • “On the judicial system of the Russian Federation”;
  • “On Arbitration Courts in the Russian Federation”;
• International agreements ratified by the Russian Federation must comply with the Constitution of the Russian Federation, however, they have greater legal force than any national legislation. The most significant international treaties of the Russian Federation containing civil procedural rules:
  • The Hague Convention on Civil Procedure of 1954 (the USSR joined in 1967).
  • The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters of November 15, 1965
  • The Hague Convention on the Obtaining Abroad of Evidence in Civil and Commercial Matters of March 18, 1970
• Federal law
  • Arbitration Procedure Code of the Russian Federation .
  • other federal laws containing the rules of arbitration procedural law ^{[2] [3]} .

The arbitration process refers to the procedural activities of arbitration courts and participants in legal proceedings aimed at the consideration and resolution of civil cases , cases arising from administrative and other public legal relations, other cases referred to the competence of arbitration courts.

The arbitration process is based on the following principles, which have been enshrined in the rule of law:

• The principle of administering justice only by the arbitral tribunal;
• The principle of the appointment of judges of the arbitral tribunal;
• The principle of combining sole and collegial consideration of a dispute in an arbitration court;
• The principle of the state language of legal proceedings;
• The principle of publicity of the trial;
• The principle of equality of participants in the arbitration process;
• The principle of independence of judges of the arbitration court and their subordination to the Constitution of the Russian Federation and federal laws;
• The principle of legality;
• The principle of legal truth;
• Principle of dispositivity;
• Principle of competition;
• The principle of procedural equality of parties;
• The principle of direct research evidence;
• The principle of combining writing and orality.

The principle of dispositiveness in the arbitration process manifests itself somewhat differently than in the civil process. If a dispute arises in economic relations, the parties are freer in choosing ways to protect the violated right. In particular, any civil dispute subordinate to the arbitration court may be referred by the parties to the arbitration court . The parties are also entitled in any case to conclude a settlement agreement or use other conciliation procedures, unless otherwise expressly provided for by federal law.

The scope of the adversarial principle in the arbitration court is much wider than in the civil process. As a general rule, the burden of providing evidence rests with the parties, while the arbitral tribunal has the right, on its own initiative, to demand evidence only in cases expressly provided for by the APC of the Russian Federation.

• Arbitration Proceedings
• Arbitration Procedure Code of the Russian Federation
• Court of Arbitration