Herald of Civil Procedure

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Thursday, 9 March 2017

Performance by Courts of Assistance Functions in Respect of Arbitration

L.A. Terehova, 
Doctor of Legal Sciences, Professor, Head of the Department of Civil and Arbitration Procedure 
of the Dostoevsky Omsk State University 

The article discusses causes and consequences of legislation amendments, regulating the activities of arbitration. The absence of state control has resulted in that the institution of arbitration courts discredited itself and cannot be effectively used for solving many business issues, as it is usually done in the world. These changes bringing into being a new procedure for the establishing of arbitral institutions have one common goal: to increase governmental control and to reduce the number of arbitration tribunals. The tightening of requirements for the establishment of arbitration courts, in particular, increasing the time and cost of creating arbitration institutions cuts off unscrupulous parties. This reform is leading to the establishment of control over any arbitration in our country, and it violates the nature of arbitration: its freedom and autonomy from the state. The same goal is, in effect, pursued by the assistance function of courts in respect of arbitration. In the procedure of performance of assistance functions both positive (possibility to rely on the authority of the state court) and negative (length of the proceedings) features may be detected. It is assumed that changes in the direction of government regulation before autonomous sphere in the current legislation will lead to a single result: arbitration courts will be much less, and they will be controlled by the state. 

Keywords: arbitration; arbitration tribunal; assistance function; supervisory functions; appointment of arbitrators; arbitrator.


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 Information about the author 

Terekhova L.A. (Omsk, Russia) – Doctor of Legal Sciences, Professor, Head of the Department of Civil and Arbitration Procedure of the Dostoevsky Omsk State University (644065, Omsk, 50 let Profsoyuzov st., 100/1; e-mail: jf-omsu@mail.ru).

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L.A. Terekhova