APPEAL ARBITRATION AWARDS

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Uploaded: 27.09.2016
Content: Обжалование решении? третеи?ских судов 2016.pdf (2029,19 kB)

Description

The arbitration proceedings shall be recognized alternative method of resolving disputes arising between the parties in the civil circulation. According to article 31 of the Federal Law of 24.07.2002, № 102-FZ "On arbitration courts in the Russian Federation" parties that have entered into an arbitration agreement, take the responsibility to voluntarily execute the decision of the arbitral tribunal. The parties and the arbitral tribunal shall make every effort to ensure that the arbitral award is legally enforceable.

However, in practice, not always an arbitral award are executed by the parties voluntarily. On the contrary, often the side in favor of whom the award of the arbitral tribunal, it is necessary to resort to the procedure of enforcement of its execution by referring to the competent (national) court to issue a writ of execution to enforce the arbitral award. The party against whom the award of the arbitral tribunal may also challenge it by filing a declaration to the competent court against the decision of the arbitral tribunal.

Thus, at the disposal of the parties of the arbitration proceedings, there are two tools that allow them to provide a balance of interests after the decision of the arbitral tribunal. Challenging the decision of the arbitration court and the appeal for a writ of execution to enforce the arbitral award are forms of judicial control over the decisions of the arbitration courts.

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