Арбитрабильность корпоративных споров (The Arbitrability of Corporate Disputes)
Research output: Working paper › Research
- Usynin_2015_Арбитрабильность корпоративных споров (The Arbitrability of Corporate Disputes)
Final published version, 1.28 MB, PDF document
In the research paper, we developed a structural analysis of types of corporate disputes depending on their arbitrability status under Russian law in comparison to foreign jurisdictions. We analysed the recent Russian court practice (including such cases as NLMK v Maksimov, disputes over state procurement contracts and lease of forest land) in the light of contemporary foreign jurisprudence. We conducted a comparative analysis of foreign institutional rules and guidelines on class and corporate arbitration, including the American Arbitration Association Policy on Class Arbitrations and Supplementary Rules for Class Arbitrations; Judicial Arbitration and Mediation Services (JAMS) Class Action Procedures; Deutsche Institution für Schiedsgerichtsbarkeit (DIS) Supplementary Rules for Corporate Law Disputes; Informe sobre el Arbitraje Societario en España.
We critically assessed the new Russian Draft law on domestic commercial arbitration and concluded that it generally complies with the best international practices. Among the advantages of the Draft we identified the more flexible definition of arbitrability (tied to the parties´ free disposition of procedural rights and not limited to the right of settlement), the statutory list of non-arbitrable disputes and the detailed regulation of corporate dispute settlement. The disadvantages of the Draft include the lack of connection between the general criteria of arbitrability and those applicable specifically to the corporate disputes, and unreasonable expansion of intra-corporate disputes´ requirements on all other types of corporate disputes. We structured the thesis in five substantive chapters, each dealing with different aspects of arbitrability: general observations and historical development of the legal phenomenon; the distinction between subjective and objective arbitrability; the role of state courts and arbitral tribunals in the determination of arbitrability; the notion of corporate dispute in the Russian law and the classification of corporate disputes on the arbitrability criterion; problems connected with arbitrability in the corporate disputes and recent developments in the field of corporate arbitration.
|Number of pages||179|
|Publication status||Published - 2015|
The paper represents my master student research in the Russian School of Private Law, Moscow (academic supervisor: Sergey Usoskin; peer-reviewer: Alexey Zhiltsov).
- Faculty of Law - Arbitrability, Corporate Disputes, Shareholder Agreements, International Commercial Arbitration, Russian law