ARBITRATION AGREEMENT AS PART OF THE MECHANISM FOR CIVIL LAW CONTRACTUAL REGULATION

Abstract

In the current circumstances of the constantly changing socio-political situation and the increasing complexity of existing legal relations, a positive trend has emerged in the field of obligation law, connected with the desire of the participants of civil circulation to take more personal part in the construction of contractual legal relations, that is, to implement their individual regulation. In this connection, the search for and detailed study of legal means to facilitate the effective regulation of contractual legal relations, both in substantive and procedural terms, has become an issue of particular relevance. One such means is an arbitration agreement, the disclosure of the regulatory properties of which becomes fully possible when ap-plying to it the basic provisions of the concept of civil law contractual regulation as one of the progressive directions of modern civil science. Purpose: to analyze the arbitration agreement from the standpoint of the concept of civil law contractual regulation, to identify its features and determine its place in the structure of the mechanism for civil law contractual regulation. Methods: empirical methods of comparison, description, interpretation; theoretical methods of analysis, synthesis, induction, classification; specific scientific methods: formal-logical and interpretation of legal norms. Results: the study of the mixed legal nature of the arbitration agreement makes it possible to consider it as an effective and exclusive part of the mechanism for civil law contractual regulation, facilitating the individual regulation of the procedural aspects of their interaction by the participants in contractual legal relations.

Keywords

• arbitration agreement
• civil law contract
• civil law contractual regulation
• procedural agreement
• legal means
• instrumental theory of law