Self-regulation in the field of arbitration management and the status of self-regulatory organizations of arbitration managers

Abstract

The paper deals with the current theoretical and practical problems of organization of self-regulation in the field of arbitration management and the activities of self-regulatory organizations of arbitration managers. The comparative analysis of the legal constructions of non-commercial partnership and self-regulatory organizations has been performed based on the following parameters: main objectives of establishment, participants, opportunities for entrepreneurial activities, and voluntary membership. It has been concluded that non-profit partnership and self-regulatory organizations are the independent organizational and legal forms of a non-commercial legal entity, rather than a type of some association (union). It has been proved that self-regulatory organizations of arbitration managers are characterized by the basic and superstructural status, which determines the formulation and solution of many problems of their functioning. It has been suggested to amend the current legislation, namely to transform the superstructural (subsidiary) status of self-regulatory organizations into the structural element of the organizational and legal form.

Keywords

• self-regulatory organization of arbitration managers
• legal entity
• association (union)
• non-commercial partnership
• arbitration manager
• licensing