The Interaction of Arbitration and State Courts: A Growing Confrontation or a Peaceful Coexistence? - Czech and Central European Yearbook of Arbitration - Interaction of Arbitration and Courts - 2015

Author(s):

Alexander Sergeev

Tatiana Tereshchenko

Page Count:

22 pages

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1 PDF Download

Published:

March, 2015

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Abstract | In this article the question of the interaction

between arbitration and state courts is considered in a

bilateral aspect. We consider whether the state

recognizes the jurisdictional nature of arbitration, on

the one hand, and whether the forms of interaction

between arbitration and state courts do correspond to

the essence of arbitration, on the other hand. During

the analysis the conclusion is demonstrated that the

contract or non-jurisdictional theory of the legal

nature of arbitration as simply a pre-trial settlement

instrument should be left in the past. Arbitration

proceedings are accepted worldwide as an alternative

form of dispute resolution. In this regard such a

common concept that ‘justice is carried out only by the

court’ does not itself deny the jurisdiction of the

arbitral tribunals. It is necessary to clearly distinguish

such concepts as the state protection of rights and

judicial protection, with the latter as a subspecies of

the former. To give justice the sense that it forms a

departure or the function of the state government only

is not entirely consistent with the constitutional

principle of the rule of law. Among the generally

accepted legal ways of resolving civil disputes in

modern society, arbitration means the existence of a

dispositive or discretionary basis for civil substantial

and procedural relations, arising from the contractual

freedom along with the autonomy of the will of the
participants in commercial and other economic