If two hooligans decided to compete on the street by force and fighting qualities and one of them was injured, they will have to come to an ordinary court. Maybe even in handcuffs.
If two people are not able to divideEqually homeland, they are expected in the world court. And if the same two, who are representatives of different enterprises, divide their property in much larger sizes, then they have a direct road to an arbitrator.
Or - to arbitration.
Greetings from France
The appearance of arbitration our contemporaries are obligedThe French. It is their term "fair decision" (in French it sounds like Arbitrag), used in the dispute settlement, and became the primary basis of the current numerous arbitration courts. In the understanding of people living in the 21st century, arbitration is a legal organization that considers economic and other commercial disputes between private entrepreneurs and legal entities. They are connected solely with doing business. For example, when a bank or plant is declared bankrupt.
In simple terms, the main function of arbitration and itsJudges consists in detailed consideration and removal of the arbitration award on disputes between three categories of clients: private entrepreneurs, legal persons and state bodies (for example, tax inspection or customs). The only exception to the general rules is that the arbitration does not shy away from dealing with ordinary people who also want to declare themselves bankrupt. Not so long ago, the bankruptcy of individuals became not so fashionable as necessary. Especially after the emergence of institutions of banking and mortgage lending.
The jurisdiction of arbitration also includes disputesShareholders, and simply participants of various LLCs and JSCs. And both among themselves, and with their societies on such issues as dividend payments or the acquisition of shares. And also the consideration of claims of citizens and collectives who received an unjustified refusal to register as private businessmen or organizations.
Court, yes, not that
Those who consider arbitration somethingAuthoritarian-repressive likeness of the ordinary court are very mistaken. No handcuffs with bars, no police guard here, everything is solved exclusively by peaceful and humane way. And the main actors in such processes usually are not the parties themselves or the prosecutor, not the heads of enterprises, often even not coming to the hall, and their lawyers or specially hired business lawyers.
Among the main differences between arbitration from other courtsIt is permissible to allocate much shorter terms of consideration-regulation of order by the Arbitration Procedure Code of the Russian Federation-formalization of claims-a special and special order of proving one's rightness-the uniformity of proceedings in disputes deemed similar.
Arbitration as a type of activity
Arbitration has a second meaning as well. They call the very method of regulating the disputes of people or organizations. For example, sports. It is for the sake of him that disputants resort to official services not of judicial instances, but of individuals or selected arbitrators. The latter, by the way, were once called arbitrators.
By the way, arbitration is called and notBeing a speculative logistics of finance from one currency market to another. Its main goal is to extract profit through differences in rates, interest rates or consumer prices.