The article analyzes a number of problems of arbitration proceedings in the light of Paragraph 14 of the Review of the practice of courts hearing cases related to the performance of assistance and control functions in relation to arbitration courts and international commercial arbitration, approved on December 26, 2018 by the Supreme Court of the Russian Federation and the Definition of the Judicial Board of the Supreme Court of the Russian Federation of December 27, 2017, No. 310-ЭС17-12469. In these judicial acts, “hidden” privatization is ambiguously interpreted, which actually equates to the privatization of public property, gives a very broad interpretation of public policy and criticizes the possibility of participation of public law entities in the arbitration proceedings, as well as the arbitrability of disputes connected with public property. A comment with elements of analysis for this position of the Supreme Court of the Russian Federation is also presented in this article.