Rus News Journal

To itself the judge

the Arbitration court “ Rosatom “ solves disputes “ daughters “ state corporations

“ Rosatom “ aspires to correspond to a rank “ the states in the state “: already more than a year in corporation own arbitration court is engaged in a resolution of disputes. State corporation not unique who tries not to take out rubbish from a log hut. The similar arbitration courts successfully function in the several more large companies.

Board “ Rosatom “ has made decision to found the Center of arbitration regulation and legal examination in the beginning of 2010, soon at it the arbitration court for the permission of economic disputes has been formed. The purpose of activity of court, according to state corporation materials, is “ independent, competent, confidential and operative “ arbitration trial of economic disputes between the organisations of nuclear branch.

In the public report published yesterday for 2010 “ Rosatom ­“ has brought the first results of activity of the arbitration court. From the moment of the beginning of its work (July, 2010) to consideration it was accepted seven actions of proceeding. On three of them decisions have been accepted in 2010, on the rests - in January and February 2011 - go.

“ this court is useful and favourable to us. And the purposes for which it is created, justify and reached “ - the chief shares impressions is judicial - pretenzionnogo department “ Rosatom “ Cyril Kulbachko.

“ Theoretically any large corporation can create the arbitration court­. It breaks nothing the law. Moreover, it is widespread practice “ - the partner jurfirmy Art de Lex Andrey Ageshin makes comments. In Russia the arbitration courts in corporations are especially popular among the oil and gas companies: the arbitration court at “ Gazprom “ Has been created in 1993 and since then has considered over 1000 disputes, record 1700 affairs has considered from the end 1994 - go LUKOIL court, there is a court and at “ Transneft “. Besides oil industry workers the ­ company has the arbitration court, for example, Ural gornometallurgicheskaja­.

In an estimation of the arbitration courts at corporations experts are ambiguous. “ branch courts in general consider cases faster, experts of narrow qualification " there are occupied; - lawyer Ageshin argues. If they solve disputes in corporation, between “ daughters “ they also unload the head company, there is no need to go to the heads and to occupy its time with unusual functions. As well as there is no necessity to take out rubbish from a log hut and to go to state court. “ in an ideal arbitrators of the arbitration courts have possibility in more details to study business since are not connected by rigidly remedial terms of its consideration “ - the head of group on resolution of disputes Vegas Lex Vadim Kodol adds.

On the other hand, such court can consider and disputes with external counterparts. “ then there is a serious question on its independence “ - Andrey Ageshin speaks. Though arbitrators should submit to the law and court regulations, it is difficult to estimate, whether there are they really impartial if one of the arguing parties is not connected in any way with corporation.

“ the Most unpleasant, - the lawyer continues, - that sometimes at the conclusion of the contract with the third party can be registered in it that disputes will dare in this instance “. However, the expert marks, in most cases, if the decision of the arbitration court does not suit one of the parties, it has the right to appeal against against this decision in arbitration court.