Open AccessDefects in the Interpretation of Provisions of the Law of Arbitral Procedure in the Modern Judicial Practice
Author(s) -
Evgeniy G. Potapenko
Publication year - 2020
Publication title -
rossijskij sudʹâ
Language(s) - English
Resource type - Journals
ISSN - 1812-3791
DOI - 10.18572/1812-3791-2020-12-15-19
Subject(s) - lawmaking , interpretation (philosophy) , procedural law , arbitration , law , legal practice , political science , process (computing) , judicial interpretation , civil procedure , law and economics , sociology , legislature , computer science , programming language , operating system
The article gives examples of flaws in the interpretation of the rules of arbitration procedural law which are common in modern legal practice. It is noted that the tendency to simplification of the civil process, which is evidently manifested in lawmaking, is also characteristic of legal interpretation activities. The interpretation does not take into account the systemic connections of procedural norms. It leads to the fact that in practice legal provisions are formulated, they significantly affect the arbitration procedural form — the system of basic procedural guarantees. The author criticizes the approach to the simplification of the civil process through the interpreting of procedural norms. The article expresses a position on the establishment of boundaries of interpretation which should be limited by a system of principles and procedural guarantees.