Problem number 3
Economic dispute arising between two economic entities, resolved in accordance with the arbitration (arbitration) clause, agreed bilaterally by the arbitral tribunal at the Chamber of Commerce of the Russian Federation.
A party dissatisfied with the decision was made, applied for court protection in arbitration. His appeal it motivated by the fact that it guarantees the right to judicial protection, that is, the dispute is essentially a state, not a court of arbitration.
Arbitration clause Requesting Party estimates as insignificant, since it is contrary to the fundamental law of direct action - the Constitution of the Russian Federation.
Arbitration, in its view, can only be associated with a fair decision, the execution of which is done on a voluntary, not compulsory. The adoption of a decision testifies to the obvious errors in qualifying legal disputes, on the issue of rights and responsibilities of participants in the disputed legal relations in a penalty, the amount of which does not correspond to the consequences of improper fulfillment of obligations.
A) How does the competence of state and arbitration courts in connection with the stated circumstances?
B) Does the arbitral tribunal the power to audit, that is checking on the merits of the decision taken by the arbitral tribunal?
B) What is the legal, including constitutional basis of arbitration courts in the Russian Federation?