PROCEDURAL GUARANTEES FOR THE PROTECTION OF PARTIES’ RIGHTS IN ARBITRATION PROCEEDINGS AMIDST THE DIGITALIZATION OF ECONOMIC JUSTICE

Abstract

The relevance of adapting procedural guarantees for the protection of parties’ rights in arbitration proceedings to the conditions of digitalization is due to the fact that traditional protection mechanisms do not account for the specific risks arising in the electronic environment, such as technical failures and algorithmic errors. The purpose of the study is to consider the transformation of procedural protective measures in the context of the digitalization of economic justice and to develop a concept of digital procedural protection measures. Methods: the formal-legal method is used to analyze the norms of the Arbitration Procedure Code of the Russian Federation; the comparative-legal method is employed to compare traditional and digital instruments; and the modeling method is applied to justify the introduction of an independent algorithm auditor institution. Results: the article defines the concept of digital procedural protection measures, proposes their classification by subjects, initiation methods, and objects. The necessity of enshrining mechanisms for automatic restoration of rights in legislation during technical failures is substantiated. The article identifies the differences between protective measures and liability measures in the digital process. It concludes that imperative regulation of these issues in the Arbitration Procedure Code of the Russian Federation is necessary to ensure genuine equality of the parties.