PRINCIPLES OF ARBITRATION PROCEEDINGS IN THE ALTERNATIVE DISPUTE RESOLUTION SYSTEM

Abstract

The article examines the principles of arbitration as one of the types of alternative dispute resolution. At the same time, from the analysis of the judicial development strategies approved for 2015-2020 and 2021-2023, it can be seen that one of the areas of development and improvement is the institution of alternative dispute resolution methods, including arbitration courts. Thus, the principles are the guiding principles of the formation, activity and development of any institute. Therefore, studying the principles of arbitration is relevant and important. This is also due to the fact that, as of today, our country is on the path of European integration. The latter includes judicial reform, one of the stages of which will be the introduction and development of alternative dispute resolution methods. The activity of arbitration courts in Ukraine has been introduced since 2004. However, as of today, trust in this link of society has not been formed. This should be a separate subject of research and needs considerable attention. At the same time, the principles of the organization and operation of the arbitration court are enshrined directly in the Law "On Arbitration Courts". However, the article expands the scope of the research and establishes that the arbitration court has principles that are characteristic of the classical court, that are characteristic of the institution of alternative dispute resolution and that can be attributed directly to the principles of the arbitration court. Separately, it is proposed to expand the boundaries of the principle of confidentiality and to make appropriate changes to the current legislation. Namely, to give the parties to a dispute the right to independently determine what refers to confidential information either when concluding an arbitration agreement or directly when submitting a dispute for resolution by an arbitration court. The author concludes that the development of alternative methods of dispute resolution will increase the jurisdictional sphere in the state and provide an opportunity for the parties to the conflict to choose the method of its resolution that most adequately and fully corresponds to their interests.