Certain Issues of Concluding an Arbitration Agreement on Disputes with a Foreign Element
نویسندگان
چکیده
The article examines the current state of legislative regulation issues concluding an arbitration agreement. Scientific approaches to concept agreement are analyzed, a comparative analysis definition this in international documents, particular, UNCITRAL Model Law on International Commercial Arbitration and New York Convention Recognition Enforcement Foreign Arbitral Awards 1958, as well consolidation corresponding norms domestic legislation On basis, author's is proposed.
 authors analyze classification arbitrage transactions. It noted that fixed by into two types - clause has received greatest application practical plane. indicated from point view, more adapted specific dispute, since procedural aspects it defined. However, common type transaction because included contract before dispute arises between parties. In regard, easier for parties reach compromise issues. Doctrinal agreements also explored.
 Regarding content agreement, out despite position set maximum assistance exercising their right submit arbitration, exact indication name institution which submitted necessary. This one important conditions recognizing feasible, creating further legitimate consideration proper execution arbitral award.
 Concerning issue arbitrability disputes, indicate today not found normative consolidation. positive list disputes cannot be referred Economic Procedural Code Ukraine fixed. At same time, inexhaustibility creates certain legal uncertainty. express opinion need improvement terms determining range non-arbitrable disputes.
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ژورنال
عنوان ژورنال: Analìti?no-porìvnâl?ne pravoznavstvo
سال: 2022
ISSN: ['2788-6018']
DOI: https://doi.org/10.24144/2788-6018.2022.01.9