Kazachenok S.Yu. Arbitration clauses to guard the principle of flexible foreign trade dispute resolution
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
This email address is being protected from spambots. You need JavaScript enabled to view it.
Abstract. The article deals with ways of implementing the principle of flexible resolution of international commercial disputes through legal mechanisms of the Institute of International Commercial Arbitration, in particular, the achievement of the most appropriate designated purpose of the arbitration clause. The possibilities of combinations of arbitration with conciliation and / or expert procedures not requiring permission from the legal issues, and to address in a way acceptable to the parties to resolve the conflict through the use of flexible design, multi-level arbitration clause. As a compromise, a flexible alternative is considered by the author arbitration clauses, applied in case the parties fail to reach a contract agreement on common neutral arbitration institutions. The conclusion is that the hybrid form of the arbitration agreement with option clause in a combination of classic arbitration clause with the prorogation agreement is quite acceptable in the context of the principle of flexibility in the case when the parties to a contract cannot predict the nature of any potential conflicts related to the execution of the contract.
Key words: private international law, the principle of flexibility, international commercial arbitration, the arbitration agreement and the arbitration clause, pre-arbitration stage of conflict resolution, multi-modal arbitration clause, arbitration clause alternative, optional clause.
 11_Казаченок.pdfURL: https://j.jvolsu.com/index.php/en/component/attachments/download/831 | 646 Downloads |