Context
A writ of execution for an ad hoc award had been refused. The lower courts considered, among other matters, rules published online and deposited with a notary. The applicant challenged parts 1 and 20 of Article 44 of Law No. 382-FZ.
The court’s reasoning
The determination distinguishes an institutional substitute from necessary one-off arrangements for a particular case. The Court rejected unsupported findings that ad hoc proceedings amount to unlawful administration and arbitrary refusal of enforcement.
Reading the determination
The real organisation of the procedure matters. The Court declined to accept the complaint; it did not overturn the lower decisions or grant general permission for any public offer of arbitration.
General information. The applicable legal framework depends on the particular dispute, seat and enforcement country.