Enforcement of the Arbitration Award for the Purposes of Exercise of Enforceability

Anna Petruneva

2021

Abstract

Modern understanding of the compulsory enforcement of the arbitral award for the purposes of exercise of enforceability is studied. In particular, the author analyzes the following: special aspects of exercise of enforceability, legal nature of the arbitral proceedings, place of the arbitral award performance, including compulsory, in the arbitration mechanism. The author believes that the civil rights protection mechanism through arbitration (arbitral proceedings) is performed in terms of exercise of enforceability, provided by Article 46 of the Constitution of the Russian Federation. Legal nature of the judicial protection mechanism with regard of provisions of Article 11 of the Civil Code of the RF suggest the complex nature of civil rights protection, which is expressed, on the one hand, in possibility of settlement of a dispute either in the state or in the arbitration court; on the other hand, in the need to include the compulsory enforcement into the mechanism specified. The analysis of legal events in consideration is performed through understanding the unity of the mechanism of civil rights judicial protection within law-enforcement activity, consisting of basic stages: adjudgment and law enforcement exercise. The conclusion generalizes that enforceability in its modern sense embraces resort not only to justice, but also to arbitral proceedings. In this, the judicial protection efficiency is directly related to securing the act of legal enforcement (judgment). The purpose of this article is building the model of implementation of the mechanism of civil rights judicial protection, that reflects connection between state and non-state courts, and the stage of compulsory enforcement of their acts. The identification and substantiation of such interconnection correspond to the feature of scientific novelty. Study materials and results may be used as theoretical background for further scientific development of the subject area, related to arbitral proceedings development.

Paper Citation

in Harvard Style

Petruneva A. (2021). Enforcement of the Arbitration Award for the Purposes of Exercise of Enforceability. In Proceedings of the 1st International Scientific Forum on Jurisprudence - Volume 1: WFLAW, ISBN 978-989-758-598-2, pages 89-92. DOI: 10.5220/0010662400003224

in Bibtex Style

@conference{wflaw21,
author={Anna Petruneva},
title={Enforcement of the Arbitration Award for the Purposes of Exercise of Enforceability},
booktitle={Proceedings of the 1st International Scientific Forum on Jurisprudence - Volume 1: WFLAW,},
year={2021},
pages={89-92},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010662400003224},
isbn={978-989-758-598-2},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 1st International Scientific Forum on Jurisprudence - Volume 1: WFLAW,
TI - Enforcement of the Arbitration Award for the Purposes of Exercise of Enforceability
SN - 978-989-758-598-2
AU - Petruneva A.
PY - 2021
SP - 89
EP - 92
DO - 10.5220/0010662400003224