Herald of Civil Procedure
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The Commentary to the Federal Law “On Arbitration Courts in the Russian Federation” (continued)

D.Kh. Valeev , 
Doctor of Legal Sciences, Professor of the Department of Ecological, 
Labor Law and Civil Procedure, Kazan Federal University 

A.I. Zaitsev , 
Candidate of Legal Sciences, Associate Professor, Chairman of the Arbitration Court 
for the Resolution of Economic Disputes at the Chamber of Commerce of the Saratov Region 

M.V. Fetyukhin ,
Candidate of Legal Sciences, Associate Professor of the Department of Ecological, Labor Law 
and Civil Procedure, Kazan Federal University 

In this section of the review we’ll focus on challenging the arbitral award and the enforcement of the arbitral award. It is noted that the decision of the arbitral Tribunal in accordance with part 1 of article 418 of the code of civil procedure of the Russian Federation and part 2 of article 230 of the APC of RF can only be challenged by the interested party to the arbitral proceedings, and only if it is accepted on the territory of the Russian Federation. Under certain circumstances, the Prosecutor also has the right to challenge the decision of the arbitral Tribunal, if it affects the interests of the Russian Federation, subject of Federation or municipality not participating in the arbitration proceedings. The decision of the arbitral Tribunal may be challenged only if the parties have not fixed the finality of the arbitral award in the arbitration agreement. Otherwise, the application to set aside an arbitral award can not be filed. Compulsory execution of the arbitral award conducted in accordance with the general rules of the Federal Law “On Enforcement Proceedings”, effective at the time of enforcement. This should take into account the fact that the arbitration courts, because of their legal status, not being provided with management powers, does not itself have the right to issue writs of execution for compulsory enforcement of its decisions. 

Keywords: enforcement of arbitral awards; challenging arbitral awards; comments of the legislation. 

Information about the authors: 

Valeev D.Kh. (Kazan) – Doctor of Legal Sciences, Professor of the Department of Environmental Law, Labor Law and Civil Procedure, Kazan Federal University (420008, Kazan, Kremlin st., 18, 235 room; e-mail: [email protected]). 

Zaitsev A.I. (Saratov) – Candidate of Legal Sciences, Assistant Professor, Chairman of the Arbitration Court for the Resolution of Economic Disputes at the Chamber of Commerce of the Saratov region (410071, Saratov, Shelkovichnaya st., build 186; e-mail: [email protected]). 

Fetyukhin M.V. (Kazan) – Candidate of Legal Sciences, Assistant Professor of the Department of Environmental Law, Labor Law and Civil Procedure, Kazan Federal University; 420008, Kazan, Kremlin st., 18, 235 room; e-mail: [email protected]).

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D.Kh. Valeev, A.I. Zaitsev, M.V. Fetyukhin