DOI: 10.17072/1995-4190-2015-1-51-56

REDUCING THE LIMITS OF PARTICIPATION STATE
FOR THE SETTLEMENT OF THE DISPUTED FOREIGN RELATIONS:
A CAUSAL RELATIONSHIP

S.Y. Kazachenok

SSC RAS

Volgograd State University

100, pr. University, Volgograd, 400062

E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Introduction: reducing the limits of government involvement in the regulation of cross-border arbitration proceedings against the backdrop of the popularization of alternative dispute resolution in opposition to the state, is regarded as a promising job and a pronounced trend in the development of international commercial arbitration – part of a holistic legal phenomenon of private international law.Purpose: the article is to identify the need for and extent of government intervention in the dispute resolution matters of foreign economic relations on the basis of contract concluded between their counterparts of the arbitration agreement, as well as in the implementation of this type of substantive contract. Methods: the methods used in the research process as a general scientific nature (dialectical, system analysis), and chastnonauchnogo nature (technical, legal, comparative legal, formal-logical generalization of the method of analysis of the legislation and its practical application) form the basis of a methodological step taken in the study – to identify opportunities and constraints necessary motivation and reduce the limits of state participation in the settlement of foreign conflicts. Results: the study derived from a comparative analysis of the effects of sound in the legal literature approaches to conflict resolution, the needs of modern business organizations engaged in international activities, as well as projections of future trends of development of state arbitration proceedings to resolve the contentious relations through international commercial arbitration. The conclusion is that only concerted action independent subjects of substantive law can make adequate modern business relations legal basis for decision-making, that procedural law binds the offensive legal consequences, starting with the request to the tribunal. The very nature of arbitration proceedings as an open social system involves a process of self-regulation. Conclusions: the author concludes that with pressing public beginning in the regulation of international commercial arbitration and unlimited right to the limits of state intervention, acting in the public interest, will not provide the highest standards of construction of foreign contractual relations, protection of rights and legitimate interests of their counterparties, as well as set in front of them by society socially useful purposes.

 

 

Keywords: foreign trade; foreign economic contract; cross-border economic conflict; alternative dispute resolution; international commercial arbitration; the substantive law; the subjects of the substantive law;
the state Court of Arbitration

References

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