Appeals Against Decisions of International Commercial Arbitration if They Have a Competence Rendered as a Preliminary Question
To date, there is an objective need for monitoring and verifying the state courts of arbitration of international commercial arbitration. One of the manifestations of the activities mentioned above is the imposition of international arbitration decision on the presence of his competence, rendered as a preliminary question. In the present, Russian law there are certain conflicts and gaps in the trial of this category of cases, as well as no uniform judicial practice. In this paper, a comprehensive system-legal analysis of the current legislation and jurisprudence on the matter, as well as recommendations for overcoming the conflicts of law. Methods. The methodological basis of the study of the material in this article were philosophical and advanced scientific functions and special methods of learning. In the framework of philosophical methods for writing this article was widely used dialectical approach to the study of the state test institute arbitration competence of international commercial arbitration, which allows to see the latest in its formation, development, cooperation and conflict. In addition, the methodological basis of this article are the principles of scientific knowledge such as historicism, objective and systematic. As for the modern scientific and special ways of knowing, when writing this work were used normative logic, the method of comparative law analysis of judicial and arbitration practice. Their use in conjunction with the scientific study of legal literature has allowed to identify and analyze the main procedural characteristics and patterns of appeal of the decision of the Institute of International Commercial Arbitration of the presence of his competence rendered by him as a preliminary question. Results. Following a review in this paper the study made the following conclusions: the imposition of international commercial arbitration individual decisions concerning the competence it is a right, not an obligation challenged in the state arbitration courts can only arbitration ruling, which operate on the territory of the Russian Federation, contested arbitrations lack of competence in the latter state arbitration courts cannot be challenged.
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