Notes on the Legal Nature of Arbitration and Its Conceptualization

Abstract

The article considers the issue of the legal nature of the arbitration court, as well as the ways of understanding the arbitration proceedings. The author points out that since the arbitration court, along with the activities of state judicial authorities, helps to overcome legal uncertainty, arbitration proceedings can be considered an activity for the administration of justice (or justice). It is indicated that since the law enforcement act of the arbitral tribunal is of an authoritative nature, the activities of the arbitrators can be recognized as jurisdictional. Next, the author turns to the theories by which arbitration is conceived. The article notes that the existing theories are of different orders: dogmatic or philosophical, respectively, with the help of a theory of one kind or another, it is impossible to explain all aspects of arbitration proceedings. It is concluded that with the help of philosophical theories it is possible to establish the place of arbitration in the system of forms of overcoming legal uncertainty, while with the help of dogmatic ones - the procedural aspects of the activity of the arbitral panel.