Resolution of the challenge of a judge in the arbitration process: problems and innovations

This article discusses the grounds for challenging a judge in the arbitration process, the procedure for resolving this issue by the court. The Arbitration Procedure Code of the Russian Federation contains an exhaustive list of grounds for challenging a judge. Any person participating in the case has the right to declare the judge challenged if there are grounds stipulated by the norms of legislation. The challenge must be motivated and declared before the examination of the case on the merits. The article also addresses the problematic issues of applications for challenging a judge and ways to solve them. The grounds for challenging a judge are for the most part evaluative. Persons participating in the case may differently regard any conclusions or judgments of the judge, which leads to unfounded statements of challenge, which are subsequently rejected by the court. Particular attention is paid to the latest changes in legislation in the field of the challenge of a judge in the arbitration process.