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Inshakova A.O., Kazachenok S.Yu. Legitimate expediency, ways of fixing and consequence of the implied arbitration agreement

Inshakova Agnessa Olegovna
Doctor of Law, Professor,
Head of the Department of Civil and International Private Law, Volgograd State University, Fundamental Department of the Southern Scientific Center of the Russian Academy of Sciences

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Prospect Universitetsky, 100, 400062 Volgograd, Russian Federation

Kazachenok Svetlana Yurievna
Candidate of Juridical Sciences, Associate Professor, Department of Civil and International Private Law, Volgograd State University, Fundamental Department of the Southern Scientific Center of the Russian Academy of Sciences, 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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Prospect Universitetsky, 100, 400062 Volgograd, Russian Federation

Abstract. The article is devoted to the issues concerning a form of fixing the arbitration agreement, continually taking a place in the list of controversial questions of the domestic doctrine and remaining open for the Russian lawyers and heads of the enterprises regarding the legal consequences causing actions of the parties of the external economic relations in case of collision of their interests. The issues of form of the arbitration agreement are considered by the authors in a context of the analysis of necessary criteria which are considered by court and the parties that conclude such an agreement while estimating its validity. The sources which are a basis of the research represent the international legal documents, the national and foreign legislation regulating the activities of the international commercial arbitration, as well as the rules of some arbitration tribunals. The conclusion contains the debatable issues from the authors’ opinion on the correctness of using the unreasonably extended formulation regarding the written form of an arbitration agreement.

Key words: foreign economic activity, transnational commercial disputes, international commercial arbitration, arbitration agreement, form of the arbitration agreement, invalidity of the arbitration agreement, written form of the arbitration agreement, implied arbitration
agreement.

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