Where is the line between ordinary jurisdiction and arbitration? The Supreme Economic Court of the Russian Federation has so far taken a rather conservative position on this issue. Following a referral from the court, the Constitutional Court of the Russian Federation issued a far-reaching decision on 26.05.2011 (Postanovlenie ot 26.05.2011 No. 10-P), stating in a mortgage dispute case, contrary to the opinion of the Supreme Economic Court, that it is not contrary to the Constitution of the R.F. for civil disputes over immovable property to be heard and decided by arbitration courts.
Prof. Dr. Hiroshi Oda, University of London (UCL), Attorney at Law (Japan) and Solicitor (England and Wales), Member of the ICC International Court of Arbitration.
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