Setting Aside International Arbitral Awards by State Courts in Russia, France, and England

Abstract

Introduction. The interaction between state courts and arbitral tribunals in the process of resolving international commercial disputes continues even after arbitral awards have been issued. In the article, the author analyses the role of state courts in the process of setting aside arbitral awards and the particularities of exercising their respective powers in Russia, France and England. The relevance of this study is determined by the fact that defining the role and limits of the powers of state courts in this area is crucial for ensuring the effectiveness of arbitration, which is by far the most popular method of resolving international commercial disputes.

Methodology and materials. The aim of this article is to identify issues arising from exercising respective powers by Russian, French and English courts and to develop coordination mechanisms for their effective co-operation with arbitration. In the course of the work the author combined general-theoretical and private law methods of research, specifically: historical-legal, comparative, analysing and generalising scientific, statutory and practical materials and the method of system analysis. The theoretical basis of the study is represented by the works of national and foreign researchers in the field of international commercial arbitration. The empirical basis of the study is judgements of domestic and foreign state courts.

The results of the study and their discussion. In the French and Russian jurisdictions, the main issues arise in the context of setting aside arbitral awards on the ground of contradicting public policy; in the English jurisdiction — mainly in connection with the appeal of arbitral awards on questions of English law.

Conclusions. The author concludes that, in both cases, the issues can be resolved if the state courts apply the said grounds only in exceptional cases and discreetly exercise their powers in this regard.