Inshakova A.O., Antipov I.V. Positive Factors and Flexible Legal Means of International Commercial Arbitration Development
Doctor of Juridical Sciences, Professor, Head of the 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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,
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Antipov Ivan Vlаdimirovich
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 evolution of the fundamental principles of international private law defines the conceptual vector of international commercial arbitration development as one of the fundamental institutions of the transnational regulation sphere. Today we can say that the common vector of the development of arbitration agreement institute is the strengthening of optionality in all its manifestations. It is obvious that the evolution of the arbitration agreement is oriented on the adapting to the needs of participants of foreign trade turnover, ensuring highly comfortable conditions and search for mutually acceptable options for conflicts resolution. According to the authors, such tendencies of the development of the arbitration agreement institute and the entire system of international commercial arbitration are able to relieve state courts and virtually level the practice of reviewing international commercial disputes in the near future. In turn, the arbitration agreement, including its mixed, non-traditional forms, is used as a tool of mutually beneficial compromise settlement of disputes in foreign trade contracts, which is practically under no circumstances cannot be achieved as a result of state proceedings.
Key words: institutes of international private law, international commercial turnover, international commercial arbitration, the arbitration agreement, the principles of international law, the principle of optionality.
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