Русский

Abstract

The article analyzes approaches to the concept of «competence of arbitration», examines the conditions of its occurrence and legal facts necessary for arbitration to be competent to consider a dispute. Some issues of arbitration competence remain currently not understood, which entails practical difficulties in the exequatur of decisions. It is established that the arbitration agreement and arbitrability act as conditions for the competence, as well as legal facts forming the competence of arbitration. After researching the question of the correlation between the terms of competence and the admissibility, it is concluded that pre-trial procedure does not relate to issues of competence, except in the case of the parties electing a hybrid dispute resolution procedure. It also established the content of the legal facts necessary for the emergence of the competence of the arbitration, which includes such elements as arbitrability, the existence of an arbitration agreement, the formation of the board of arbitrators.