About Some Problematic Issues of Writ Proceedings in the Arbitration Process

Abstract

In this article, the subject of the study is writ proceedings in the arbitration process. The problems that courts and business participants face when using this method of protecting rights are raised, despite, at the same time, the undoubted advantages of introducing writ proceedings in the arbitration process. Based on a comparative study of the norms of civil procedure and arbitration procedural legislation, it is concluded that, simultaneously with the transfer of the provisions on writ proceedings from civil procedure to arbitration, the legislator also transfers some shortcomings of the legal regulation of this institution to the Arbitration Procedural Code. On the example of the materials of judicial practice, it is demonstrated that the fastest type of proceedings in the arbitration process can turn into a fourteen-month wait for a court decision. The author's vision of solving the problems associated with the possible delay in the resolution of cases in the arbitration process is proposed, while attention is paid not only to ensuring the interests of the recoverer, but also the interests of the debtor.