Problems of legal regulation of the arbitration agreement: analysis of international legal acts and legislations
Unlike other CIS countries, the first regulatory legal acts in the field of private commercial arbitration were not effective until 2015. The legal concept of resolving economic disputes today partially reflects the concept of Soviet arbitration, where it means state arbitration. The subject of this study is arbitration, the creation of which is provided for by the Law of the Republic of Tajikistan dated March 18, 2015 “On International Commercial Arbitration”. In accordance with this law, the term “arbitration” can have at least two meanings. This term in one case denotes a method or method of resolving a dispute, in another case, an authority or institution that resolves the dispute and makes a decision on it. The author makes a reasonable conclusion that arbitration is a private-law method of resolving disputes, decisions on which are binding on the parties who have applied to it. Regulating its activities, the legislator is trying to create an enabling environment for resolving private-law disputes. The author, considering the arbitration agreement, came to the conclusion that the arbitration agreement, as a rule, is the main basis of commercial arbitration. However, as in the case of any agreement, the arbitration agreement exists by virtue of the law and it is the law that ultimately determines its consequences. Consequently, the law decides when in reality there is an arbitration agreement. The legal force of the arbitration agreement, in the opinion of the author, follows from the will of the state allowing a non-judicial procedure for resolving disputes, and from international agreements that states conclude to ensure the implementation of this non-judicial order.