Minina, A.I. International commercial arbitration: revising the decisions

Abstract: The article is devoted to the issues of revising the decisions of international commercial arbitration. The author studies the provisions of the Russian and foreign doctrines, legislation and the regulations of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation, American Arbitration Association, the Santiago Chamber of Commerce Center for Arbitration and Medication, the Grain and Feed Trade Association (GAFTA), and the Court of Arbitration for Sport (CAS) in Switzerland. The author evaluates the provisions of the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States - International Centre for Settlement Of Investment Disputes (Washington, 18/03/1965), of the Draft Law “On amendments to the Arbitration Procedural Code of the Russian Federation of April 5, 2013, Complex of Measures for the Development of Arbitral Tribunals Proceedings in the Russian Federation”, Draft Federal Law “On Arbitral Tribunals and Arbitration (Arbitration Proceedings) in the Russian Federation of January 17, 2014, providing examples from legislation and in some cases of doctrines and judicial practice of Australia, Austria, Armenia, Belarus, Belgium, the Great Britain, Hungary, Germany, Hong Cong, Georgia, Egypt, Indonesia, Spain, Italy, Kazakhstan, Canada, Latvia, Lithuania, Moldavia, the Netherlands, Peru, Poland, Romania, Singapore, Slovakia, Slovenia, the USA, Thailand, Tunisia, Ukraine, Philippines, France, Croatia, Czech Republic, Switzerland, Sweden, Japan, analyzing the theories of res judicata, functus officio, and double control. As a methodological basis for the studies the author used general scientific methods for the cognition of the objective reality, as well as special methods typical for legal sciences, namely: dialectic, deduction and induction, systemic, comparative (comparative legal), formal legal, etc. The scientific novelty is due to the object of studies and to the conclusions. Based upon the materials, which have been analyzed the author concludes that the establishment of upper instances is a modern tendency in the international commercial arbitration. The practice of revision of the decisions of international commercial tribunals shall facilitate its greater efficiency and lead it to a new level of quality of dealing with transborder disputes.

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