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Practice of Application of Conciliation Procedure in Arbitration Proceedings

E.R. Galiullin,
Judge of the Arbitration Court of the Volga District 

 DOI: 10.24031/2226-0781-2017-7-1-261-267 

One of effective instruments to reduce the load on judges is settlement of disputes in pre-trial stages, alternative to judicial ways of settlement of disputes. The activity of the arbitral tribunal to assist the parties and to assist in resolving the dispute is fully consistent with such tasks of legal proceedings in arbitration courts as facilitating the establishment and development of business partnerships, the formation of customs and ethics of business intercourse. The current arbitration legislation provides for the use of only three types of conciliation procedures: the conclusion of a settlement agreement approved by the court, as well as an appeal for the settlement of the dispute to the mediator, and the third procedure (arbitral tribunal) is beyond the scope of arbitration procedure. The author considers these signs of conciliation procedures, gives examples of the Supreme Arbitration Court of the Russian Federation’ position, examples of judicial practice. There is also point of view about enforceability agreements signed by the parties during conciliation procedures. For example, participation in mediation not only parties but also their representatives, including lawyers, may have a positive impact on the receiving agreement and to increase its degree of enforceability. 

Information about the author 

Galiullin E.R. (Kazan) – Judge of the Arbitration Court of the Volga District (420066, Kazan, Krasnoselskaya st., 20; e-mail: [email protected]). 

Recommended citation 

Galiullin E.R. Praktika primeneniya primiritel’nyh protsedur v arbitrazhnom protsesse [Practice of Application of Conciliation Procedure in Arbitration Proceedings]. Vestnik grazhdanskogo protsessa = Herald of Civil Procedure, 2017, no. 1, p. 261–267. (In Russian) DOI: 10.24031/2226-0781-2017-7-1-261-267

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E.R. Galiullin