Corporate Disputes and Development of Alternative Disputes Resolution

Abstract

The article presents analysis of the practice of the corporate disputes resolution in commercial arbitration as well as in the state courts. According to the author the example “Maksimov case” which was often mentioned as an example of a corporate dispute resolved in commercial arbitration but set aside by the state justice proves that the line between corporate disputes and non-corporate dispute is almost invisible even after the legislation has been changed. The attempts to make corporate disputes non-arbitrable makes the regulation of the market relations unpredictable and spoils th investment climate. The so called “pocket arbitration” (or “corporate arbitration”) may be useful for the improvement of intercorporate relations, or resolution of the disputes among professionals. The “one-side” or “optional” arbitration clauses sometimes may serve as a form of investor protection of consumer protection as it gives the weak party advantage of choice of the form of the legal protection of its interests. According to the article, publication of arbitration rules and awards would make arbitration more transparent and more effective. The confidentiality should be preserved for the mediation proceedings. Author gives examples of various mediation proceedings. On the basis of the analysis the author makes recommendations for the improvement of the national legislation. Understanding arbitration and mediation as part of the judicial systems reform in Russia author recommends to use the international standards of regulation reflected in th UNCITRAL Model Arbitration Law.