Kazachenok S.Yu., Antipova E.A. The Unification of Arbitration Agreement Terminology in the Process of International Integration
Candidate of Juridical Sciences, Associate Professor, Department of Civil and International Private Law, Volgograd State University, Base Department of Southern Scientific Center of the Russian Academy of Sciences (SSC RAS), Head of the Branch no.5 of Volgograd Interdistrict Bar Association, Member of Public Chamber of the Volgograd Region, Honored Lawyer of the Russian Federation.
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Antipova Elena Aleksandrovna
Master Student, Department of Civil and International Private Law, Volgograd State University, Base Department of Southern Scientific Center
of the Russian Academy of Sciences (SSC RAS)
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Abstract. The intensification of international cooperation will inevitably raise the issue of law unification and necessitates the unification of conceptual and categorial apparatus within the institution of arbitration tribunal proceedings. The article analyzes the current state of the terminology in this area, and offers recommendations for bringing it to the uniformity. The authors consistently raise the questions about the correlation between the concepts of “commercial dispute” and “commercial conflict”, about the terminological confusion in distinguishing public and commercial arbitration courts, about the correlation between the concepts of “privacy” and “confidentiality” of arbitration, as well as the content of the term “arbitration award”. It is noted that the unification of concepts and categorial apparatus should primarily be implemented through business practices. The basis for such uniformity should be the business practices based on increasing legal awareness of entrepreneurs.
Key words: international private law, international commercial arbitration, arbitration agreement, arbitratral proceedings, commercial dispute, commercial conflict, state arbitration courts, commercial arbitration courts, arbitration privacy, arbitration confidentiality.
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