Effective dispute settlement as a mechanism of economic attractiveness

10 th State Arbitration Appellate Court, 117997, Sadovnicheskaya str., 68/70, Moscow, Russia

^* Corresponding author: avanzar@list.ru

Abstract

Commercial disputes the number of which is growing every year can cause economic imbalance if a country doesn’t obtain ADR (Alternative disputes resolution) technologies and methods implementation experience. In the Russian Federation separate branch of courts – state arbitration courts – is established and it demonstrates high quality of litigation. But effective functioning of judiciary (its accessibility, low costs and rapid procedures) doesn’t signify universal character of litigation, especially in the field of investment and construction projects dealing with socially significant objects such as apartment complexes or infrastructure facilities. Within one project different controversies and misunderstandings can arise which should be resolved without delays, abuse of rights and termination of collaboration. The article is focused on three main aspects, defining approaches to ADR promotion: features of legal and judicial system of a concrete state, availability of elaborate measures ensuring ADR successful development, specifics of practice area. Certain means and technologies of ADR are proposed in order to eliminate infringement of construction process participants’ rights. Analysis of state arbitration courts statistics has shown a very low level of ADR implementation. Legislative and explanatory measures fail to cope with this problem. In this connection concrete organizational and educational measures are suggested to enhance the process of ADR promotion for ensuring economic attractiveness.