Minina, A.I. Criteria for the dispute arbitrability

Abstract: The article concerns the issue of the criteria for dispute arbitrability. Based upon the analysis of problems of application of arbitrability of the dispute, which involves the gradual widening of the scope of issues acceptable for the resolution in international commercial arbitration, causing a number of difficulties, as well as the need to find the instruments, which would allow to achieve uniformity in regarding certain categories of dispute as being arbitrable, the author provides arguments in favor of establishing the criteria for regarding a dispute as being arbitrable. While forming the main requirements for such criteria, the author offers her own version of arbitrability criteria, providing substantiation for their practical application. Special attention is paid to the issues of revision of the decisions of international commercial arbitration, and the responsibility for the arbitrators. The author evaluates the provisions of the new edition of the Regulation of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation, as well as the Draft of the Federal Law “On Amendments to the Arbitration Procedural Code of the Russian Federation and the Law of the Russian Federation “On International Commercial Arbitration”, as well as the “Complex of Measures on the Development of the Arbitral Judicial Proceedings in the Russian Federation” , which was proposed by the Ministry of Justice of the Russian Federation in 2013.

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