scholarly journals Historical stages of development of the arbitration agreement and arbitration

Author(s):  
Alla Avsiievych

International commercial arbitration is one of the most important institutions of modern law, an important form of resolving disputes arising in foreign economic activity. The history of international commercial arbitration has significantly affected its current state and therefore needs detailed consideration. To study this topic, it is necessary to clearly distinguish between the types of arbitration that existed at one time or another. The article is devoted to the stages of development of international commercial arbitration and its application to resolve international commercial disputes. The article examines the provisions of legal acts that for the first time define the concept and legal status of international commercial arbitration.

2021 ◽  
Vol 25 (1) ◽  
pp. 64-71
Author(s):  
A.V. Frolova ◽  
◽  
V.A. Leonova ◽  

Historical information about the owners, stages of development of the estate «Arkhangelskoye» and the creation of the Park is presented. Special attention is paid to the planning structure of the estate, its main compositional axis in the Northern part-the Imperial alley and the Bykov grove. The current state and problems of restoration of the Imperial alley and the possibility of adapting the Bykov grove to modern recreational conditions are considered in detail. The main wood assortment of the Bykov grove is indicated and the recommendations for care are given. For the first time, the archives of the estate Museum (projects in 1978, 2001, and 2017) were worked out all data about the Bykov grove and the Imperial alley are collected in chronological order and described in the article. The authors conducted the last research before the restoration and adaptation in 2018.


2020 ◽  
Vol 3 (12) ◽  
pp. 47-49
Author(s):  
Ziyoda Boratova

This article is devoted to a number of issues relating to the functioning of international commercial arbitration as a non-State mechanism for the settlement of international commercial disputes in the Republic of Uzbekistan. In article also found a brief introduction on the history of arbitration in Uzbekistan since its independence. Special attention is paid to the rules introduced since the entry into force of the Law of the Republic of Uzbekistan “On international commercial arbitration”. Moreover, the author highlights some problematic issues and inconsistencies that exist in the legislation on legal proceedings in arbitration courts. The author also addresses several issues regarding the recognition and enforcement of arbitral awards.


2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.


2019 ◽  
Vol 170 (1) ◽  
pp. 27-36 ◽  
Author(s):  
Donell Holloway

This article discusses the positioning of children both as objects of economic activity as and subjects of market relations under surveillance capitalism. It looks briefly at the history of children’s engagement with the market economy from their engagement in the labour force during industrial revolution times; their disappearance from direct economic activity during the Romantic Movement; through to their emergence as both data sources and data consumers within a big data economy. It argues that this is the first time since children retreated from the paid labour force in the late 19th and early 20th centuries due to labour law reforms that their activities are of significant economic value, and that the emergence of Internet-connected toys and things for children will significantly amplify children’s position as data sources under surveillance capitalism.


2021 ◽  
Author(s):  
Mikaël Schinazi

Drawing on a wide range of previously unpublished sources, this unique history of international commercial arbitration in the modern era identifies three periods in its development: the Age of Aspirations (c. 1780–1920), the Age of Institutionalization (1920s–1950s), and the Age of Autonomy (1950s–present). Mikaël Schinazi analyzes the key features of each period, arguing that the history of international commercial arbitration has oscillated between moments of renewal and anxiety. During periods of renewal, new approaches, instruments, and institutions were developed to carry international commercial arbitration forward. These developments were then reined in during periods of anxiety, for fear that international arbitration might be overstepping its bounds. The resulting tension between renewal and anxiety is a key thread running through the evolution of international commercial arbitration. This book fills a key gap in the scholarship for anyone interested in the fields of international arbitration, legal history, and international law.


Author(s):  
E. V. Sokolova

The current paper features the peculiarities of colonization of the Kolosovsky district of the Omsk region in the 16th – early 20th centuries. The author integrally approaches the study of this process, analyzing the main ways of settling and economic development of the area. Considerable attention is paid to the factors that conditioned the process of development of the territory. The formation of the rural settlement network of the district, in many ways, was determined by the vectors of state policy, in particular, the policy of resettlement of peasants from the country's low-land regions. Favorable geographical and climatic conditions, the presence of the river artery made the territory of the Kolosovsky district attractive for settlers, who both established their own settlements and settled in old-timer villages. The history of the region is considered in the mainstream of the history of the state, taking territorial features into account. The article outlines the stages of development of the territory, characterizes each of them, by emphasizing the economic activity development. The author gives specific dates for the formation of villages, analyzing the available foundation versions.


Author(s):  
Sergei Sergeevich Ippolitov

The article discusses the activities of Russian humanitarian, professional and public organizations in determining the legal status of Russian migrants in Europe and providing legal assistance to refugees and Russian legal entities in exile in 1917 - 1920s, as well as the trade unions of Russian lawyers in exile and their activities of legal assistance to their compatriots. The author examines the foreign policy of different states concerning the legal discrimination of Russian refugees and the geopolitical context in which the legal integration of Russian emigration took place in the societies of host countries. The study views the Russian humanitarian and legal activity as a factor in preserving the civic identity of these emigrants. The methodological basis on which this research is based is the principles of historicism and systematicity, which imply the application of the chronological method in the research process, as well as the methods of retrospection, periodization and actualization. The article explores for the first time in historiography the little-studied page in the history of Russian emigration: the creation in Germany in the 1920s of an effective system of humanitarian and legal assistance to Russian refugees aimed at clarifying their legal status and restoring the legal existence of Russian commercial enterprises in exile. For the first time in historiography, the author examines the ability of the emigrant community to self-organize in order to assert its rights in a foreign language and foreign culture society.The factors that significantly complicated the Russian emigrants' humanitarian and legal status, thereby also hindering their integration into European society, included: the long irresolution of their legal status; the significant number of legal obstacles; the ineffectiveness of officials with respect to the refugees' actual lack of rights; the legal conflict in international law that arose with the emergence of the Russian emigration phenomenon; and the unprecedented humanitarian and legal crisis of the post First World War period in Europe. Under these conditions, the Russian emigrant community nonetheless managed to develop effective mechanisms to help its compatriots in the legal sphere.


Author(s):  
Andriy Fedchyshyn

The article presents the historical development of arbitration law and international commercial arbitration. Arbitration, as one of the oldest institutes of alternative litigation, has repeatedly undergone fundamental changes regarding the procedure for its appointment, forms of exercise and the very subjects of litigation. The study of the periods of historical and legal formation of arbitration and arbitration courts in the territory of modern Ukraine made it possible to identify the basic prerequisites for the creation of such institutions, to determine the role of the state and the degree of participation of civil society in this long process. The peculiarities of expert support at each of the periods of historical and legal formation of arbitration and arbitration courts in the territory of modern Ukraine are indicated. The formation of arbitral tribunals, as a form of resolution of legal conflicts, to some extent prevented the strengthening of centralized power, in particular the judiciary, the state could not coexist with a strong private jurisdiction that competed with the state judicial system. The establishment of arbitral tribunals in the territory of modern Ukraine, as a modern toolkit for the implementation of alternative forms of justice, is a consequence of the long historical and legal development of the state and society, which was in some way influenced by a set of factors such as: the over-formalization of the judiciary (which often prevented the imposition of ); Western democracy (which accelerated the government's desire to reform and legislate democratic foundations); and certainly the ongoing development of civil society. With the adoption of the Law of Ukraine “On Arbitration Courts” by the Verkhovna Rada of Ukraine on May 11, 2004, for the purpose of the correct resolution of the dispute, the procedure for conducting expert examination was clarified for the first time to clarify issues requiring the use of special knowledge by an arbitral tribunal as an institution, as an appropriate non-state independent body. . The use of alternative ways of resolving disputes is increasingly controversial in modern legal science. However, Ukraine's legal field allows alternative institutions to operate in accordance with international standards. The approaches to proving and assigning expertise in international arbitration practice vary, depending on the legal culture.


Author(s):  
Maksym Martyn

Summary. The purpose of the study is to analyze the history of the emergence and development of the phenomenon in the culture of the Karaites of Eastern Europe, which can be described as neo-paganism. Research methodology is based on the scientific and special-historical methods and the growth of the historical analysis. The article is based on the principles of historicism, scientific objectivity and problem-chronological approach. The scholar novelty of the article is in the fact that for the first time an attempt has been made to comprehensively study the phenomenon of neo-paganism of the Crimean Karaites in its development, from its origin to the present state. In the same way, for the first time it attempts to single out all the elements on which the neo-pagan discourse of the Crimean Karaites is based, to determine the time and circumstance of the appearance or the first mention of each of them. Conclusions. It was found that the search for or invention of pagan traditions in the culture of the Crimean Karaites was an irreversible and logical consequence of the campaign to absolutize the importance of Turkish heritage and popularize the idea of exclusively Turkish origin of the Crimean Karaites, conducted by Karaite leader S. Shapshal in the 1930s among the Karaites of the Second Polish Republic. The source of inspiration for authors who have been looking for traces of paganism in the culture of the Karaites of Eastern Europe could be materials published in the interwar Karaite press, including the Polish-language magazine "Myśl Karaimska" published in Vilno (contemporary Vilnius), and on the editorial policy of which S. Shapshal had a great influence. However, as can be seen, Shapshal is not always personally responsible for the interpretation of various elements of Karaite culture as pagan and for the emergence of new pseudo-pagan elements. It has also been shown that not all elements of Karaite culture used as evidence of the paganism of their ancestors are late inventions or borrowings, but may be traces of the cultural diffusion of Karaites and Turkish peoples during the long existence of Karaites in the Turkish environment.


Author(s):  
Dmitrii A. GOGOLEV ◽  
Elena O. MAKAROVA

The historic monuments of Tyumen are an integral part of the historical and cultural landscape of the city, especially those of them that have the status of the objects of the cultural heritage of the federal significance. The relevance of this topic lies in commemorative marks being one of the sources of the formation of historical memory. For the first time, there is an attempt to study the commemorative potential using the example of a limited number of cultural heritage sites in Tyumen and compare with its current state. A comprehensive study of the history of these objects allows identifying their commemorative potential, while the comprehension of the current state of their memorialization aids in developing specific proposals for perpetuating significant events for them. Using the principles of objectivity and historicism, the authors have studied memorial plaques. Today, they are the only type of commemorative signs located on the cult cultural heritage sites of federal significance in Tyumen. Their texts contain information exclusively about the events of religious life. The reason for this may be the fact that the initiative to install all the memorial signs came from the representatives of the church. The events related to the history of the iconic monuments of Tyumen were grouped into thematic blocks. They reflect the connection of these objects with facts from the life of indivi¬duals or with the history of the most memorial place. This allows formulating more clearly their proposals for the memorialization of historic objects of cultural heritage of federal significance in Tyumen. It should be noted that the issue of the current state and prospects of memorialization of the historic objects of cultural heritage of regional significance in Tyumen requires a special study.


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