I. Inshakova

Reform of the Legal Framework of ICA Activity in Russia: Prerequisites, Conditions, Perspectives

2016. No. 3. P. 4–12 [issue contents]
The article provides an overview of the updated national legislative approach to the legal regulationof activities of institutional international commercial arbitration institutions in the country based on theprovisions which shall take effect from September 1, 2016 the new Federal Law of 29.12.2015 no382-FZ On Arbitration (Tribunal) in the Russian Federation. The author identified the negative factorsdetermining the necessity to develop and approve this law and its majour novels. Among them, theauthor specifies new concepts of arbitration, the issues of drafting arbitration agreements, updatedlist of principles of arbitration tribunal. A special attention is drawn to the norms concerning the establishmentof the current arbitration institutions. The paper compares this legislative approach withthe liberal one which provided a wider freedom under the Federal Law of 24.07.2002 no 102-FZ OnArbitration Courts in the Russian Federation. Besides, the paper analyzes the provisions of the newFederal Law no 409-FZ, which is to come into force from September 01, 2016 and amend the Law onthe ICA, the Arbitrazh Procedure Code, Civil Procedural Code of the Russian Federation and otherregulatory legal acts. The conclusion is made that the strict requirements to the formation of permanentarbitration institutions and the establishment of significant restrictions on the organizations in whicharbitral tribunals can be established, will enhance the role of the state in the arbitration proceedings,on the one hand, and avoiding the so-called pocket arbitration courts — on the other hand. The paperrevealed the limitations set by the legislator for the arbitral tribunal formed by the parties to settle adispute (ad hoc) in comparison with the arbitration administered by a permanent arbitral institution.The advantages of the Arbitration Act in the context of the provisions of the opportunities provided byits participants in the arbitral proceedings.
Citation: Inshakova I. (2016) Reforma pravovykh osnov deyatel'nosti mezhdunarodnogo kommercheskogo arbitrazha v Rossiyskoy Federatsii: predposylki, obuslovlennost', perspektivy [Reform of the Legal Framework of ICA Activity in Russia: Prerequisites, Conditions, Perspectives]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 4-12 (in Russian)
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