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PREJUDICE IN ARBITRATION COURTS AND ARBITRAL TRIBUNALS: THEORETIC AND APPLIED PROBLEMS IN LIGHT OF THE PROHIBITION TO ABUSE PROCEDURAL RIGHTS

JUDICIAL AUTHORITY AND PRACTICE


О.А. BENEDSKAYA

О.А. BENEDSKAYA,
Attorney,
Counsel of Muranov, Chernyakov and Partners Law Firm

DOI: 10.24031/2226-0781-2019-9-4-216-235

Integrity is a prerequisite of judicial protection. The article focuses on the pressing issues of
prejudicialness of arbitration and arbitral awards in the context of the good faith principle
and the prohibition to abuse rights. The prejudice is disclosed as a compound legal category
and its regulatory content is determined. It is shown that this preference in the proving
process (in the form of prejudice) may be used in spite of good faith which is detrimental to
the protection of private rights and the interests of justice. Specifying the essential features of
the abuse of prejudice, the author describes possible types of such abuses and the means of
opposing them. Apart from review of an unlawful prejudicial court act, a notable method
of opposing is to insist (with the active participation of court) on the limited application
of the said institution which should not be broadly interpreted taking into consideration
its preferential nature.

Keywords: good faith; abuse of rights; prejudice; arbitration courts; arbitral proceeding.

References

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Information about the author

Benedskaya О.А. (Moscow, Russia) – Attorney, Counsel of Muranov, Chernyakov
and Partners Law Firm (23, Bldg. 6 Denisovsky Pereulok, Moscow, 105005, Russia;
e-mail: info@rospravo.ru).

Recommended citation

Benedskaya О.А. Prejudice in Arbitration Courts and Arbitral Tribunals: Theoretic and
Applied Problems in Light of the Prohibition to Abuse Procedural Rights. Herald of Civil
Procedure, 2019, vol. 9, no. 4, p. 216–235. (In Russian). https://doi.org/10.24031/2226-
0781-2019-9-4-216-235

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