Proportionality as a criterion of the legality of the application of interim measures in the arbitration process of the Russian Federation

Abstract

The article is devoted to the analysis of problematic aspects of the application of interim measures in the arbitration process of the Russian Federation. The criterion of proportionality of claims for securing a claim to the stated claims on the subject of the claim is considered. The doctrinal provisions of procedural scientists and the law enforcement practice of arbitration courts on the application of interim measures in the implementation of arbitration proceedings have been studied. An analysis of the legislation of foreign states and the regulations of the world's leading arbitration institutions indicates that arbitration courts for the most part have the authority to apply interim measures, but if it is necessary to take them forcibly, a person is not deprived of the right and opportunity to apply to the national judicial authority. However, such an application cannot be considered as a waiver of the arbitration agreement and does not prevent arbitration proceedings.