The Erosion of Jurisdiction or Where are the Boundaries of the Jurisdiction of the Courts?

This article examines the problem of erosion of jurisdiction, due to the blurring of criteria for distinguishing competence between arbitration courts and courts of general jurisdiction. The problem is considered using the example of the consideration of «cartel claims» by prosecutors, which are sometimes considered by both arbitration courts and courts of general jurisdiction on similar factual grounds. The article considers the mechanism of artificially changing jurisdiction by filing a claim as containing joint claims, including against individuals who are not parties to a disputed substantive legal relationship. The article also touches upon the question of the possibility of applying procedural estoppel in resolving the issue of jurisdiction.