Internal and international commercial arbitration as a private form of law enforcement
УДК 347.918The subject. The issues of the arbitration’s place in the civil justice system as well as its place in a whole system of social governance in the scope of Russian arbitration reform.The purpose of the article is to provide a comprehensive analysis of internal and international commercial...
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| Format: | Article |
| Language: | Russian |
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Dostoevsky Omsk State University
2017-06-01
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| Series: | Pravoprimenenie |
| Subjects: | |
| Online Access: | https://enforcement.omsu.ru/jour/article/view/87 |
| _version_ | 1797874045988896768 |
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| author | S. Kurochkin |
| author_facet | S. Kurochkin |
| author_sort | S. Kurochkin |
| collection | DOAJ |
| description | УДК 347.918The subject. The issues of the arbitration’s place in the civil justice system as well as its place in a whole system of social governance in the scope of Russian arbitration reform.The purpose of the article is to provide a comprehensive analysis of internal and international commercial arbitration as a peculiar form of private law enforcement, as well as to present a doctrinal description of the arbitration’s role in law enforcement system and its managerial impact mechanism.Methodology. Research of general functions of law enforcement in social governance. Essential features of arbitration and basic foundations of civil litigation also have been compared.The results and the scope of its application. The results are both doctrinal and practical. Domestic and international commercial arbitration can be considered as a peculiar form of managerial impact, as a subsystem of civil justice subordinated to general patterns of the social governance. Arbitration is a special, private on its origin, form of managerial impact, whereas arbitration tribunal is an independent nongovernmental element of the social governance system. Despite the fact of its private origin arbitration is in full measure a law enforcement activity. Theoretical comparison of arbitration’s substance with civil litigation became a convincing proof of the existence of public elements in a private segment of civil justice system.Conclusions. Application of law by arbitration tribunals, both domestic and international, has the imperious character. Arbitration is a legal activity, private on its origin and to a great extent public by its essence. It embraces the expansion of general legal directions on individual social relationships by means of making arbitral awards which are law enforcement acts of individual character. |
| first_indexed | 2024-04-10T01:24:41Z |
| format | Article |
| id | doaj.art-20992e2a7121475ba13157a9f1ab4499 |
| institution | Directory Open Access Journal |
| issn | 2542-1514 |
| language | Russian |
| last_indexed | 2024-04-10T01:24:41Z |
| publishDate | 2017-06-01 |
| publisher | Dostoevsky Omsk State University |
| record_format | Article |
| series | Pravoprimenenie |
| spelling | doaj.art-20992e2a7121475ba13157a9f1ab44992023-03-13T09:40:19ZrusDostoevsky Omsk State UniversityPravoprimenenie2542-15142017-06-011221922610.24147/2542-1514.2017.1(2).219-22671Internal and international commercial arbitration as a private form of law enforcementS. Kurochkin0Ural State Law UniversityУДК 347.918The subject. The issues of the arbitration’s place in the civil justice system as well as its place in a whole system of social governance in the scope of Russian arbitration reform.The purpose of the article is to provide a comprehensive analysis of internal and international commercial arbitration as a peculiar form of private law enforcement, as well as to present a doctrinal description of the arbitration’s role in law enforcement system and its managerial impact mechanism.Methodology. Research of general functions of law enforcement in social governance. Essential features of arbitration and basic foundations of civil litigation also have been compared.The results and the scope of its application. The results are both doctrinal and practical. Domestic and international commercial arbitration can be considered as a peculiar form of managerial impact, as a subsystem of civil justice subordinated to general patterns of the social governance. Arbitration is a special, private on its origin, form of managerial impact, whereas arbitration tribunal is an independent nongovernmental element of the social governance system. Despite the fact of its private origin arbitration is in full measure a law enforcement activity. Theoretical comparison of arbitration’s substance with civil litigation became a convincing proof of the existence of public elements in a private segment of civil justice system.Conclusions. Application of law by arbitration tribunals, both domestic and international, has the imperious character. Arbitration is a legal activity, private on its origin and to a great extent public by its essence. It embraces the expansion of general legal directions on individual social relationships by means of making arbitral awards which are law enforcement acts of individual character.https://enforcement.omsu.ru/jour/article/view/87arbitrationinternational commercial arbitrationprivate jurisdictionlaw enforcementsocial governancemanagerial impact |
| spellingShingle | S. Kurochkin Internal and international commercial arbitration as a private form of law enforcement Pravoprimenenie arbitration international commercial arbitration private jurisdiction law enforcement social governance managerial impact |
| title | Internal and international commercial arbitration as a private form of law enforcement |
| title_full | Internal and international commercial arbitration as a private form of law enforcement |
| title_fullStr | Internal and international commercial arbitration as a private form of law enforcement |
| title_full_unstemmed | Internal and international commercial arbitration as a private form of law enforcement |
| title_short | Internal and international commercial arbitration as a private form of law enforcement |
| title_sort | internal and international commercial arbitration as a private form of law enforcement |
| topic | arbitration international commercial arbitration private jurisdiction law enforcement social governance managerial impact |
| url | https://enforcement.omsu.ru/jour/article/view/87 |
| work_keys_str_mv | AT skurochkin internalandinternationalcommercialarbitrationasaprivateformoflawenforcement |