Reforming the institution of international arbitration in the legislation of the Russian Federation, the Republic of Kazakhstan and the Republic of Latvia. ; Tarptautinio arbitražo institucijos pertvarkymas Rusijos Federacijos, Kazachstano Respublikos ir Latvijos Respublikos teisės aktuose. ; Реформ...
In: http://oai.elaba.lt/documents/38405885.pdf
The current stage of the development of the legislation and the society is characterized by high growth of economic activity. The emergence of a large number of entrepreneurs and commercial organizations contributes to a proportional increase of economic disputes. However, each such dispute, and especially its lingering resolution, adversely affects the economic development of the society. In such conditions, society must have mechanisms to resolve conflict situations that would ensure prompt, fair and legal resolution of arising disputes and eliminate violation of rights. The main and one of the most reliable ways to protect the violated civil rights is judicial protection carried out directly by the state. Today there is a problem with a huge number of cases coming to the courts, which leads to judges to pass verdicts hastily due to short deadlines to consider numerous applications. In fact, this negatively affects the quality of the decisions made by a judge. Consequently, the outcome is a rather larger number of appeals to superior courts. The answer to these challenges lies in international commercial arbitration courts, which are a definite alternative to state courts. In this work, the International Commercial Arbitration was considered from the point of view of its reformation. This process was especially evident in three countries - the Russian Federation, the Republic of Kazakhstan, the Republic of Latvia. The main difficulties in the reforming process were identified, and certain problems were founded. This work studied the historical aspects of the development of International Commercial Courts as well as process of its reformation. In chapter 1, the main problems of reforming processes of arbitration courts were identified. I the second chapter was reviewed process of reforming. In the final chapter, results of reforming process were reviewed, and the meaning of unification legislation in the field of arbitration was identified.