Court, High Arbitration
COURT, HIGH ARBITRATION
The High Arbitration Court is at the top of the system of arbitration courts. These courts were originally created in the Soviet period as informal tribunals to resolve problems in implementing economic plans. In the post-communist era they have been reorganized into a system of courts with exclusive jurisdiction over lawsuits among businesses and between businesses and government agencies. While for historical reasons they are called "arbitration" courts, in fact they are formal state courts with compulsory jurisdiction and have nothing to do with private arbitration of disputes.
The structure of the courts is governed by the 1995 Constitutional Law on Arbitration Courts. Beneath the High Arbitration Court there are ten appellate courts, each with jurisdiction over a separate large area of the country, and numerous trial courts. The High Arbitration Court is responsible for the management of the entire arbitration court system. Procedural rules are provided by the 2002 Arbitration Procedure Code. Cases are heard in the first instance in the trial court. Either party may then appeal to an appellate instance within the trial court, and may further appeal to the appropriate appellate court. There is no right to appeal to the High Arbitration Court; rather, review by the High Arbitration Court is discretionary with the Court. The High Arbitration Court has original jurisdiction over two types of cases: (1) those concerning the legality of acts of the Federation Council, the State Duma, the president, or the government; and (2) economic disputes between the Russian Federation and one of its eighty–nine subjects. The High Arbitration Court also has, and frequently exercises, the power to issue explanations on matters of judicial practice, for the guidance of the lower courts, lawyers, and the public. The Court also publishes many of its decisions in individual cases on the Internet.
See also: court, supreme; legal systems.
Hendley, Kathryn. (1998). "Remaking an Institution: The Transition in Russia from State Arbitrazh to Arbitrazh Courts." American Journal of Comparative Law 46:93-127.
Hendley, Kathryn; Murrell, Peter; and Ryterman, Randi. (2001). "Law Works in Russia: The Role of Law in Interenterprise Transactions." In Assessing the Value of Law in Transition Economies, ed. Peter Murrell. Ann Arbor: University of Michigan Press.
Oda, Hiroshi. (2002). Russian Commercial Law. The Hague, Netherlands: Kluwer Law International.
Peter B. Maggs
"Court, High Arbitration." Encyclopedia of Russian History. . Encyclopedia.com. (February 18, 2019). https://www.encyclopedia.com/history/encyclopedias-almanacs-transcripts-and-maps/court-high-arbitration
"Court, High Arbitration." Encyclopedia of Russian History. . Retrieved February 18, 2019 from Encyclopedia.com: https://www.encyclopedia.com/history/encyclopedias-almanacs-transcripts-and-maps/court-high-arbitration
Encyclopedia.com gives you the ability to cite reference entries and articles according to common styles from the Modern Language Association (MLA), The Chicago Manual of Style, and the American Psychological Association (APA).
Within the “Cite this article” tool, pick a style to see how all available information looks when formatted according to that style. Then, copy and paste the text into your bibliography or works cited list.
Because each style has its own formatting nuances that evolve over time and not all information is available for every reference entry or article, Encyclopedia.com cannot guarantee each citation it generates. Therefore, it’s best to use Encyclopedia.com citations as a starting point before checking the style against your school or publication’s requirements and the most-recent information available at these sites:
Modern Language Association
The Chicago Manual of Style
American Psychological Association
- Most online reference entries and articles do not have page numbers. Therefore, that information is unavailable for most Encyclopedia.com content. However, the date of retrieval is often important. Refer to each style’s convention regarding the best way to format page numbers and retrieval dates.
- In addition to the MLA, Chicago, and APA styles, your school, university, publication, or institution may have its own requirements for citations. Therefore, be sure to refer to those guidelines when editing your bibliography or works cited list.