SPECIFICS OF DETERMINING PERSONS AUTHORIZED TO RESORT TO ARBITRATION ON BEHALF OF A FOREIGN ENTITY

The article is devoted to identifying the features of determining persons who have the right to apply to сommercial court on behalf of a foreign entities. The author focuses on the importance of identifying the relevant subjects from the point of view of the principle of dispositivity, which makes it possible to initiate proceedings in a case and conduct its consideration only if there is an initiative of an authorized person. By referring to the works of civil law experts, it has been established that in order to determine a person that has the right to apply to court on behalf of a foreign entities, it is necessary to identify its executive (will-expressing) body. By analyzing the practice of сommercial courts, it has been demonstrated that the will-expressing bodies of foreign entities are determined in a similar way to domestic ones, however, it is necessary to take into account the specifics of corporate relations, the procedure for state registration of entities abroad and other features. The author also emphasizes that the status of the will-expressing body is in any case subject to verification when transferring its powers to another person by proxy.