Constitutional Court of the Russian Federation Recognizes the Right of Arbitral Tribunals to Hear Real Property Disputes

17 November 2011
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Key takeaways:

  • The Constitutional Court of the Russian Federation issued Ruling No. 10-P after testing the constitutionality of a number of Russian law provisions relating to consideration by arbitral tribunals of civil law disputes in respect of real property, including those pertaining to levy of execution on mortgaged property.
  • The Ruling is significant because it was the first time that the Constitutional Court had examined the constitutionality of a number of key legislative provisions relating to arbitral tribunals in the form of a ruling and spoken out at length on the legal nature of arbitration, as well as ways of ensuring compliance with constitutional guarantees when referring a dispute to arbitration.