Gusev V.V., Pavlov I.I. On the competency of the arbitration courts and the arbitration clause in the state (municipal) contracts

Abstract: In the Russian Federation, the legal basis of the establishment and work of the arbitration courts is contained within the Federal Law from July 24, 2002 No. 102-FZ “On Arbitration Courts in the Russian Federation”. The subject of this research is the limitations of the competency of arbitration, constitutionality of number of positions from the law on arbitration courts, authority of the court to hear disputes on adherence to the state (municipal) contracts, and contracts that emerge from regulated acquisitions. Another group of disputes, which directly touches on the issues of competency of the arbitration court, pertains to affiliation of the arbitration court with the parties of dispute. Analysis of the legal precedent allows us to conclude that determination of the competency of the arbitrary courts in practice raises a lot of questions, and creates an obvious uncertainty for the participants of the civil procedure. The article examines which disputes, even though coming from civil legal relations, cannot be transferred for hearing by the arbitration courts.

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