Арбитражное соглашение: теоретические вопросы, имеющие практическое значение

Abstract

The article devoted to the theoretical aspects of the arbitration agreement as a specific type of agreement which has the legal proceedings effect. The author underlines the existence of two types of arbitration agreement: arbitration clause and arbitration memorandum and focuses on exploration of arbitration clause as the most frequently used in practice during the singing of commercial contracts with foreign partners. The article states the necessary conditions for the drawing up of the arbitration clause, the arbitration type and the categories of disputes submitted to it, the requirements for the arbitrator, the laws, which apply to the disposal of the dispute, rules of procedure and the order of arbitration expenses distribution on the basis of analysis of regulations of foreign arbitration legislation, IKA Modern Law, Arbitration Rules of UNISTRAL and European Commission on International Commercial Arbitration of 1961. The author comes to the conclusion that the main advantage of arbitration over court trial is the democratic nature of arbitration. However, a lighter degree of freedom requires a higher degree of responsibility and extra efforts of the parties in self-regulating the arbitration process.