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Inshakova A.O., Kazachenok S.Yu. Arbitration agreement as a contractual way to fix the principle of flexibility in private international law

Inshakova Agnessa Olegovna

Doctor of Juridical Sciences, Professor, Head of the Department of Civil and International Private Law SSC RAS, Volgograd State University

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Kazachenok Svetlana Yurievna

Candidate of Juridical Sciences, Associate Professor, Department of Civil and International Private Law SSC RAS, Volgograd State University, Administrative Officer, Volgograd Regional College of Advocates, Member of the Public Chamber of the Volgograd Region, Honored Lawyer of the Russian Federation

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Abstract. The evolution of private international law in general, is inextricably linked with the changing social needs of the world community, and the formation of the new economy, and the increasing internationalization of business turnover makes the transformation that takes into account these factors of contemporary context. The authors point out underlying trends of the modern private international law and identify the desire for more flexible regulation of legal relations, including those related to the resolution of commercial disputes between parties to international trade. Arguing about the importance of flexibility as a fundamental principle of early and current trends in the development of private international law, the authors reveal their line of conceptual development of the latter, is to strengthen the theory of lex mercatoria. The article deals with the legal possibilities of international commercial arbitration as an institution of private international law in the implementation of the principle of flexibility through the arbitration agreement participants of foreign trade relations.

Key words: principle of flexible regulation, private international law, international trade, international commercial disputes, international commercial arbitration, arbitration agreement.

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