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Commentary to the Federal Law «On Arbitration Courts in the Russian Federation» (continuation)

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 Environmental Law, 
Labor Law and Civil Procedure of the Kazan (Volga Region) 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 of the Kazan (Volga Region) Federal University


In this section of the commentary to the Federal Law “On arbitration courts” it is talked about the arbitral proceedings and the decision of the arbitral tribunal. The principle of optionality in arbitration proceedings has a broader content compared to the content of this principle in its application in both civil and judiciary arbitration procedure: parties have an incomparably large amount of optional realized authority (the right to choice of the arbitral Tribunal, the right to participate in the formation of the arbitral Tribunal, the right to define rules of arbitration, etc.). The content of the principle of competitiveness and equality of the parties is supplemented by the principle of cooperation of the parties with each other and with the arbitral Tribunal to achieve a common goal mutually beneficial for the parties to resolve the dispute, and the adversarial arbitral proceedings and the parties to contest the arbitration proceedings is less antagonistic than the public contentiousness of civil procedure and the parties to contest it. The arbitration agreement concluded by the parties voluntarily, on the basis of mutual agreement, so they voluntarily accept the responsibility to fulfill the future decision of the arbitral tribunal. Parties to arbitration and the arbitral tribunal itself obliged to make every effort to ensure that the arbitral award is legally enforceable. 

Keywords: arbitral proceedings; the arbitral award; comment legislation.

Information about the authors: 

  Valeev D.Kh. (Kazan) – Doctor of Legal Science, Professor of the Department of Environmental Law, Labor Law and Civil Procedure, Kazan Federal University (420008, Kazan, Kremlin st., 18, 235 room; e-mail: valeev55@gmail.com). 
 Zaitsev A.I. (Saratov) – Candidate of Legal Science, 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: info@sartpp.ru). 
  Fetyukhin M.V. (Kazan) – Candidate of Legal Science, 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: e3925@rambler.ru).

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