On September 1, 2016, Law No. 382-FL of December 29, 2015 “On Arbitration in the Russian Federation” came into force. This law regulates this type of alternative dispute resolution as arbitration proceedings by an arbitration tribunal.
What is the difference from an authorized court, that is, from an State court?.
Arbitration court can make decisions both as a composition of one arbitrator and as a part of a panel of arbitrators.
An arbitrator is a person chosen by the parties to resolve a dispute. An arbitration court, composed of one or more arbitrators considers cases in cases where the parties established by a civil law contract such a procedure for resolving the dispute, if any. Сonsider the example of a supply contract. The supply agreement states that in the event of a dispute, the latter will be resolved not in an authorized court (i.e. State court), but in an arbitration court. The parties in the agreement may indicate in advance in which arbitration court their dispute will be considered. This is called the arbitration clause. Or a separate arbitration agreement is concluded in which the parties more fully prescribe all the conditions for resolving possible disputes.
Arbitrators are guided by the principles of equality and adversarial nature of the parties, as well as the impartiality of the court (arbitrator)
The arbitral award is made in writing and must contain the date and place of the award, as well as the composition of the arbitral tribunal. Also, the decision indicates the claims of the plaintiff and the objections of the defendant, as well as the conclusions of the arbitral tribunal.
The award is binding on the parties. If one of the parties does not comply with it, the other has the right to apply to the competent court for the issuance of a writ of execution.
Arbitration is an alternative dispute resolution procedure designed to relieve the work of State courts.
Within the framework of the arbitration court, the mediation procedure can also be applied. The mediator takes measures to resolve the conflict and not independent decisions during the mediation procedure. In this case, the mediation agreement is signed by the parties at their mutual will and bears the force of an ordinary civil law contract. In turn, the arbitrator makes a strong-willed or agreed decision on the dispute by the parties. On the basis of an arbitration decision, a writ of execution may be issued by an authorized court.
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