S.  Chekulaev

Specifics of the use of arbitration in the settlement of corporate disputes, complicated by a foreign element

Authors

S. Chekulaev

Keywords:

corporate relations, arbitration, arbitration agreement, foreign element, arbitrability of the dispute, foreign economic relations, applicable law.

Abstract

High-quality regulation aimed at the organizational structure and interaction of interests of participants in corporate relations is achieved by consensus on all controversial issues, and the establishment of mutually beneficial cooperation, carried out by leveling problem situations that can complicate the outcome of the case to a greater extent. One of the most effective ways to resolve a dispute in this situation may be the use of adversarial procedures, among which the most important alternative to court proceedings is arbitration. The author examines the problematic questions of the application of arbitration, determining the advantages and disadvantages, on the basis of the current and foreign legislation, an analysis of the procedural side of the arbitration proceedings is carried out, the identification of general characteristic subjective and objective criteria for the arbitrability of corporate disputes.

Specifics of the use of arbitration in the settlement of corporate disputes, complicated by a foreign element