Arbitrability of Corporate Disputes: National Realities and Foreign Experience

2020 ◽  
Vol 11 (4) ◽  
pp. 1184
Author(s):  
Nataliia S. KUZNIETSOVA ◽  
Yurii D. PRYTYKA ◽  
Mykhailo M. KHOMENKO
Keyword(s):  
Multinational Corporations ◽  
World Economy ◽  
Significant Part ◽  
Current Version ◽  
Commercial Arbitration ◽  
National Legislation ◽  
International Commercial Arbitration ◽  
Foreign Countries ◽  
The World

The tendency to promote alternative ways of resolving disputes and their effectiveness leads to the expansion of the scope of their application. The relevance of corporate dispute arbitration relates to the rising number of multinational corporations and the general tendencies of globalization and regionalization of the world economy. To identify the main tendencies in the development of national legislation, it is necessary to study the genesis of corporate dispute arbitrability. The purpose of the paper is to determine the scope of corporate disputes that may be submitted to the consideration of international commercial arbitration (arbitrable corporate disputes) under the current legislation of Ukraine (in particular, in light of the reform of procedural legislation in 2016) and the prospects for the dynamics of corporate arbitrability in the future. The tasks of the paper are to analyze the genesis of corporate dispute arbitrability; to analyze the legislation of foreign countries on arbitrability of corporate disputes; analysis of the efficiency of corporate litigation in international commercial arbitration; research into the expediency of expanding the range of arbitrable corporate disputes in the national legislation of Ukraine. There was a negative tendency in the Ukrainian legislation, formed by the current version of the COD of Ukraine, regarding the classification of at least a significant part of corporate disputes in the category of non-arbitrable, which not only does not correspond to the general global tendencies in this area, but also significantly reduces the level of investment attractiveness of Ukraine.

scholarly journals CONCERNING THE COMPLIANCE OF THE LEGISLATION OF UKRAINE ON CRIMINAL LIABILITY IN THE SPHERE OF ILLEGAL DRUG TRAFFICKING WITH INTERNATIONAL REGULATORY LEGAL ACTS

2020 ◽  
Vol 73 (4) ◽  
pp. 95-102
Author(s):  
Andriy Danylevskyi ◽  
◽  
Yuliya Danylevska ◽  
Keyword(s):  
Drug Trafficking ◽  
Criminal Liability ◽  
Illegal Drug ◽  
National Legislation ◽  
The Public ◽  
Psychotropic Substances ◽  
Legal Obligations ◽  
The World ◽  
Criminal Legislation

The public danger of illegal drug trafficking, drug addiction and related phenomena is obvious; therefore the world community is making significant efforts to counter these phenomena, because only through joint efforts it is possible to ensure an effective counteraction to drug trafficking. For this purpose, states adopt a significant number of international normative legal acts. The issues of countering the illegal drug trafficking, psychotropic substances, their analogues and precursors are considered both within the framework of general documents on combating crime, and in special acts. Taking into account the European integration course of Ukraine, the expansion of international cooperation in the sphere of combating the illegal drug trafficking drugs, psychotropic substances, their analogues and precursors, the following issues should be marked as ones of great importance: observance by Ukraine of its international legal obligations; integration into the world system of counteracting drug trafficking; bringing national legislation in line with the provisions of international regulatory legal acts. This article is devoted to the outlined questions. In particular, the provisions of the national legislation in the sphere of illegal drug trafficking, psychotropic substances, their analogues and precursors are analyzed, and the compliance of domestic norms with international regulatory legal acts in the sphere of combating illegal drug trafficking is concluded. The classification of international regulatory legal acts in the sphere of illegal drug trafficking in dependence to the authority that issued them is given. On the basis of the conducted analysis, the author suggests ways to further improvement of the domestic criminal legislation in the sphere of combating drug trafficking. In particular, it is proposed to criminalize the sowing and cultivation of any kind of narcotic drugs, as well as to partially revise the punishment for certain drug crimes.

scholarly journals Classification of integration associations according to the degree of development of a single transport space

2019 ◽  
Vol 27 (2) ◽  
pp. 375-385
Author(s):  
Mikhail S Komov
Keyword(s):  
Economic Growth ◽  
Economic Development ◽  
Growth Rates ◽  
World Economy ◽  
Transport Sector ◽  
Special Importance ◽  
The World ◽  
Definition Of ◽  
Negative Growth

In modern conditions of development of integration processes in the world economy, special importance is attached to the transport sector. The formation of a single transport space (STS) in the regions creates additional opportunities for the economic development of the integrating countries. At the same time, the literature does not pay enough attention to the definition of the essence of the single transport space and the classification of integration associations according to the degree of its development. Therefore, there is a need to develop such a classification. The article substantiates the expediency of classification of integration associations according to the degree of development of a single transport space. The author's formal-logical classification is developed, which is based on three basic types of a single transport space: transport and logistics type provide a positive multiplier of integrated economic growth for all participating countries; innovative-logistic and customs-logistic types cause polarization in the action of the multiplier of integrated economic growth (in particular, both positive and negative growth rates of GDP values of the participating countries are possible); industrial and logistics type provide a zero multiplier of integrated economic growth for all participating countries. The conclusion is made about the possibility of unification and harmonization of transport space in the practice of integration associations on the basis of the developed classification.

scholarly journals Couchsurfing as a virtual hospitality network and a type of sustainable youth tourism

2020 ◽  
Vol 166 ◽  
pp. 09005
Author(s):  
Olena Hanchuk ◽  
Olga Bondarenko ◽  
Iryna Varfolomyeyeva ◽  
Olena Pakhomova ◽  
Tetyana Lohvynenko
Keyword(s):  
World Economy ◽  
Human Wellbeing ◽  
Transcultural Communication ◽  
The World ◽  
New Varieties ◽  
Low Levels ◽  
Anglo American ◽  
Comprehensive Classification ◽  
Tourist Flow

The modern tourism diversity coursed by the emergence of its new varieties is sure to evolve with a view to the goals of sustainable future. The article is dedicated to couchsurfing, a kind of sustainable youth tourism, a global hospitality network, as an online service used for transcultural communication of tourists through the organization of various assistance during joint travel. It helps meet tourists’ recreational needs and travelling at no charge. The article considers the organizational structure of couchsurfing as a network managed by regional units. The authors identify the factors that influence the development of this type of tourism (globalization of the world economy, the development of the Internet, the growth of human wellbeing, democratization of society and etc.). They offer a comprehensive classification of types of couchsurfing by several criteria (age of tourists, number of participants, purpose of the trip and direction, length of stay, intensity of tourist flow). The regional peculiarities of the couchsurfing development are identified, and the regions with high (Europe, Anglo-American, Australia and New Zealand), middle (Asia and Latin America) and low levels of its development (Africa, Oceania and Central America) are distinguished. The map material illustrating the spread of couchsurfing around the world is created.

scholarly journals Industrial Internet in the concept “Industry 4.0”: world experience and perspectives of development in the conditions of Russian economy

2018 ◽  
Vol 44 ◽  
pp. 00010
Author(s):  
Julia Asaturova ◽  
Anna Mikhailova
Keyword(s):  
Industry 4.0 ◽  
World Economy ◽  
Industrial Revolution ◽  
Russian Economy ◽  
Foreign Countries ◽  
Industrial Internet ◽  
The World ◽  
Qualitative Level ◽  
Basic Features ◽  
State Programs

At present, the world economy is at the stage of formation of the fourth industrial revolution, which is called to raise the industry to a new qualitative level. In this article we contemplated the history and prerequisites of the industrial revolution, defined its basic features and the most progressive technologies. We analyzed the particular features of development of the industrial revolution in Russia and abroad. We inspected the experience of foreign countries in implementing state programs in the sphere “Industry 4.0”. We investigated the concept of the Industrial Internet as a basis for developing of a new wave of the industrial revolution. We studied its main advantages, its influence on the world economy and the anticipated consequences. We investigated the factors hindering the implementation of the project related to the Industrial Internet in Russia. We formulated the primary tasks and evaluated the perspectives for development of the industrial Internet in the Russian economy.

The Procedural Rules Governing the Production of Documentary Evidence in International Arbitration – As Applied in Practice

2009 ◽  
Vol 8 (1) ◽  
pp. 27-90
Author(s):  
Nathan O'Malley
Keyword(s):  
Judicial Review ◽  
Case Law ◽  
Documentary Evidence ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
The World ◽  
The Common ◽  
Over Time

AbstractThis article considers the provisions of the IBA Rules on the Taking of Evidence in International Commercial Arbitration pertaining to documentary evidence, Articles 2, 3, and 9. The IBA Rules have emerged over time as a compromise set of standards appropriate for international arbitration and are widely used by tribunals throughout the world. This piece provides examples of arbitral case law in respect of the application of the Rules to issues concerning the taking and admission of documentary evidence. Moreover, the article also addresses issues regarding the role of the IBA Rules in the judicial review of arbitral awards, and their use in investor-state arbitration as opposed to international commercial arbitration. The goal of this article is to provide a thorough, case based commentary on the common approach used by tribunals in this area of procedure.

scholarly journals The Resolution of International Trade Disputes through Arbitration

2020 ◽  
Vol 2 (1) ◽  
pp. 296-301
Author(s):  
Nufaris Elisa
Keyword(s):  
International Trade ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Trade Disputes ◽  
Commercial Arbitration ◽  
Trade Finance ◽  
International Commercial Arbitration ◽  
Trade Dispute ◽  
The World

If an international trade dispute occurs, so that the ways of resolution can be reached through non-litigation (alternative litigation) or Alternative Dispute Resolution (ADR). The facilities classified as ADR other than Arbitration facilities as contained in Article 6 of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution which includes facilities including Meditation facilities, Negotiation facilities, Consolidation facilities, and other facilities. Based on the Arbitration Law it provides an opportunity to resolve trade disputes through the Arbitration institution and it is very appropriate if this institution has a very important role in resolving disputes that occur in the world of international trade. The scope of disputes which can be tried in a trial of the International Commercial Arbitration institution must be related to the issue of trade, finance and general trading (commerce), while those relating to other matters have nothing to do at all.

Part IV International Treaties, 20 UNCITRAL Model Law on International Commercial Arbitration

2019 ◽  
Author(s):  
Roth Marianne
Keyword(s):  
United Nations ◽  
Arbitral Tribunal ◽  
International Treaties ◽  
Commercial Arbitration ◽  
National Legislation ◽  
International Commercial Arbitration ◽  
Trade Law ◽  
International Trade Law ◽  
Recognition And Enforcement ◽  
Model Law

This chapter provides an overview of the Model Law on International Commercial Arbitration (Model Law) of the United Nations Commission on International Trade Law (UNCITRAL). The UNCITRAL Model Law is considered one of the most important texts in international commercial arbitration and serves as a basis for harmonizing national legislation in this field. The chapter examines the drafting process for the UNCITRAL Model Law as well as the underlying objectives and principles of the Model Law, its structure (nine chapters and thirty-six articles), and its adoption by various states. It concludes with a commentary on the UNCITRAL Model Law, which covers topics ranging from basic definitions and general provisions to the arbitration agreement, the composition of the arbitral tribunal, the jurisdiction of the arbitral tribunal, the conduct of arbitral proceedings, the making of the arbitral award and recourse against the award, and the recognition and enforcement of foreign awards.

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