International treaties in judicial acts of arbitration courts of the Russian Federation

Abstract

The article is based on the research and analysis of existing practice of applying the rules of international treaties by the arbitrazh courts of the Russian Federation taking into account that this practice is getting more widespread at all stages of the arbitration proceedings. The conclusion is made regarding three developed options of solving the arising questions, while it is necessary to assess the factual background applying the rules of international law. The author critically reviews the behaviour of a law enforcement agent represented by arbitrazh courts of the Russian Federation while choosing this or that option to solve the questions about application of the rules of international treaties. The author describes potential consequences of the analyzed options of the law enforcement agent’s behaviour. The author proposes a number of ways to overcome the arising problems while applying the rules of international treaties by the arbitrazh courts of the Russian Federation taking into account the powers of the highest court and the specific character of the problems.

Keywords:

international treaty, arbitrazh courts, proceedings, law enforcement practice, application of rules