Kazachenok S.Yu. The Consequences of Antique Genesis of Arbitration Agreement Institution in Modern Russia
Kazachenok Svetlana Yuryevna
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 Branch № 5 of Volgograd Interdistrict College of Advocates, Member of the Volgograd Region Public Chamber, Honored Lawyer of the Russian Federation
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Abstract. This article investigates the prerequisites, the stages of formation and development of the arbitration agreement institution in the Roman ancient civilization, as well as their similar manifestations that had influence on the development, legislative priorities and the priorities of modern Russian legal regulation of the studied institution. The author analyzes the approaches applied by ancient Roman lawyers for legitimizing the arbitration agreement institution, and compares them with modern Russian legislative approaches. The author also highlights the fundamental principles of some approaches reception by the Old Russian law, the Soviet law, and by the modern national legislation of the Russian Federation.
Key words: international commercial arbitration, arbitration agreement, retrospective study of the arbitration agreement institution, arbitration agreement in ancient law, arbitration agreement in modern Russian law, necessity of reception of Roman law norms and principles, legislative priorities of historical periods of the arbitration agreement institution evolution.
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