Open AccessThe Influence of the European Convention on the Establishment of Compensation Proceedings in an Arbitral Procedure: Foreign Experience
Author(s) -
Konstantin N. Chernov
Publication year - 2021
Publication title -
arbitražnyj i graždanskij process
Language(s) - English
Resource type - Journals
ISSN - 1812-383X
DOI - 10.18572/1812-383x-2021-4-37-39
Subject(s) - arbitration , convention , political science , human rights , compensation (psychology) , law , legislation , normative , fundamental rights , law and economics , sociology , psychology , psychoanalysis
The article examines some issues of the impact of the European Convention for the Protection of Rights and Fundamental Freedoms on the formation of compensation proceedings in the arbitration process. Foreign normative legal acts play an important role in the mechanism for protecting human and civil rights, including in the production of court proceedings on violation of the rights of citizens to consider a case within a reasonable time. In the Russian arbitration legislation today there is an extensive practice of considering cases with the use of European judicial acts. It should be noted that at the present time there is a positive practice and appeals to the European Court of Human Rights are becoming much less frequent.