State’s Arbitration Proceedings Participation: Theoretical and Practical Aspect

2020 ◽  
pp. 31-36
Keyword(s):  
Public Law ◽  
Practical Aspect ◽  
The State ◽  
Broad Sense ◽  
State Courts ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
State Participation ◽  
The Russian Federation ◽  
Special Competence

In modern conditions, interest to public law participants in transnational contracts to appeal to arbitration, which, in turn, is determined by a very significant share of the Russian Federation in its economy attaches importance of the perspective of the study of international commercial arbitration, oriented towards the participation of the state in the broad sense, proposed in the article. The article deals with the main aspects of state participation (in a broad sense) in arbitration of legal disputes, such as interaction models between state courts and arbitration tribunals; disputes arbitrability involving the state; special competence as a basis for participation of subjects vested with authority in the arbitration agreements conclusion; problems of correlation between the confidentiality of arbitration proceedings principle and the possibility of civil society to obtain information on disputes in international commercial arbitration with the state participation; the tendency of contractualizing Russian and foreign jurisdictions’ civil procedure in disputes involving public elements.

Problems of recognition and enforcement of international commercial arbitration decisions

2021 ◽  
Author(s):  
Rafael' Komilzhonov ◽  
Yuliya Ivanova
Keyword(s):  
Russian Federation ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Recognition And Enforcement ◽  
The Russian Federation ◽  
Arbitration Award

The article analyzes the problematic aspects of recognition and enforcement of international commercial arbitration decisions on the territory of the Russian Federation. It is noted the complexity and lack of procedural guarantees for the parties to the dispute to implement the arbitration award. It is concluded that it is necessary to remove obstacles to the rapid and effective execution of commercial arbitration decisions.

2 The 2015 Reform of Arbitration

2020 ◽  
Author(s):  
Oda Hiroshi
Keyword(s):  
Russian Federation ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
The Russian Federation ◽  
Institutional Aspects ◽  
The Law

This chapter discusses the 2015 Arbitral Reform. The arbitral reform, which started in 2011, culminated in two sets of laws adopted by Parliament and signed by the president on 25 December 2015. The package comprised the Law on Arbitration of the Russian Federation and the Law on the amendments to the Laws in relation to the adoption of the above law. The latter included amendments to the Law on Commercial Court Procedure and the Law on International Commercial Arbitration. On 27 December 2018, the Law on Arbitration was further amended. The power to grant license to perform functions of permanent arbitral institutions was shifted to the Ministry of Justice. One of the fundamental issues which were contested in the process of the reform was whether the existing regime of segregation of international and domestic arbitration should be abandoned altogether or should be maintained. With the strong opposition from experts of international commercial arbitration supported by the Codification Commission and the President’s Administration, the system of two separate laws, that is, the Law on Arbitration and the Law on International Commercial Arbitration, was maintained. However, organisational/institutional aspects of arbitration, including international arbitration, are now regulated by the Law on Arbitration.

International Arbitration as Private and Public Good

2020 ◽  
pp. 397-420
Author(s):  
Ralf Michaels
Keyword(s):  
Public Good ◽  
Dispute Resolution ◽  
Public Law ◽  
State Courts ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Investment Arbitration ◽  
Public Nature ◽  
Private And Public ◽  
Dispute Resolution Mechanism

This chapter addresses the private and public nature of international arbitration. International arbitration is often characterized as an exclusively private dispute resolution mechanism, sharply distinguished from litigation, which is viewed as public because it is provided by the state. This is clearest for commercial arbitration. Commercial arbitration is initiated on the basis of a private arrangement: a party cannot be subjected to arbitration unless they agreed to it previously. Investment arbitration is a little more difficult to categorize, given its emergence from public international law, its involvement of states as parties, and the frequency with which it deals with public law measures. Indeed, significant differences exist between commercial and investment arbitration. Nevertheless, it too is characterized as a private dispute resolution mechanism at least in the sense that it is resolved by institutions other than state courts. The chapter then evaluates whether arbitration is a private or public good. It also demonstrates the ways in which adjudication by courts combines elements of private and public goods, before finding a parallel combination of private and public good aspects in international arbitration.

Public Law in the State Courts in 1926–1927

1927 ◽  
Vol 21 (3) ◽  
pp. 573-597
Author(s):  
Robert E. Cushman
Keyword(s):  
Metropolitan Areas ◽  
State Legislatures ◽  
State Legislature ◽  
Public Law ◽  
Fixed Number ◽  
The State ◽  
State Courts ◽  
Large Cities ◽  
The City ◽  
Equal Population

Legislative Apportionment. The problem of the representation of large cities or metropolitan districts in state legislatures is becoming increasingly difficult and acute. The number of states in which a single center of population is with each census approaching a size which entitles it, on the basis of its inhabitants, to a controlling proportion of the representatives in the state legislature grows steadily as the current of population toward the city continues to flow. Certain states have dealt with this situation by frankly and openly discriminating against these metropolitan areas by specifying that they shall never be entitled to more than a fixed percentage of the representatives. The constitutions of certain other states do not permit this, however, but require that after each decennial census a total fixed number of members in the legislative body shall be allotted equally to districts of equal population. If this is done the metropolis is guaranteed under each apportionment the increase in representation to which its proportionate increase in population entitles it. And the answer volunteered to this problem by several state legislatures has been steadily to refuse to reapportion the state.

scholarly journals Agricultural region development: problems, tax threats, potential

2020 ◽  
Vol 224 ◽  
pp. 04045
Author(s):  
E. A. Murzina ◽  
M S Shemyakina
Keyword(s):  
Public Law ◽  
Economic Security ◽  
The State ◽  
Security Strategy ◽  
Tax System ◽  
The Sustainable Development ◽  
Agricultural Region ◽  
Number Of Factors ◽  
The Russian Federation ◽  
General Goal

The article is devoted to the problem of the development of the agro-industrial region. Economic, geopolitical relations, crisis situations, risks of the state and enterprises require the study of methodological support for new functions of tax administration of agribusiness enterprises. The economic security of public law education characterizes the state of the tax system and tax potential, which ensure the sustainable development of the territory. The authors investigated the purpose of tax potential management, one of which is the assessment of the security of the tax territory. For management and assessment, a tree of goals was built, based on the hierarchical principle of presenting promising goals for managing the economy of an agricultural region. The general goal and objectives of two levels are determined. The authors determined that the process of making management decisions to ensure tax security of the territory should consist of five stages. At the same time, the end result of the assessment should be a tax security strategy. A correlation analysis of a number of factors was carried out, among which the formation of the onset of risks and representing the main threat to the tax security of the territory - incomplete provision of tax revenues at all levels of the budget system - was revealed. Calculations were made on the example of the administrative territory of the Russian Federation (Republic of Mari El).

scholarly journals INTERNATIONAL AGREEMENTS FOR THE PROTECTION OF FOREIGN INVESTOR

2017 ◽  
Vol 3 (4) ◽  
pp. 99-105
Author(s):  
Ирина Хлестова ◽  
Irina KHlyestova
Keyword(s):  
Russian Federation ◽  
International Agreements ◽  
Most Favored Nation ◽  
Foreign Investments ◽  
Legal Concept ◽  
Commercial Arbitration ◽  
Foreign Investors ◽  
International Commercial Arbitration ◽  
The Russian Federation ◽  
Definition Of

The article is devoted to the analysis of international agreements on questions of protection of foreign investments. The multilateral agreements are investigated in the indicated area. There is a detailed analysis of agreements concluded originally by the USSR and then by the Russian Federation. The author draws attention to the lack of a unified approach to the definition of the concept of “foreign investment”, which has evolved over time. It is argued that both national and foreign investments are an economic category and there is no single legal concept for them, similarly with respect to the definition of the term “an investor”. The guarantees to the foreign investors by virtue of bilateral international agreements on protection of foreign investments are investigated, in particular: most favored nation treatment, national treatment, payment obligation for compensation in case of nationalization, expropriation and other measures that have analogical characters, permission of disputes between an investor and a state accepting investment. The author comes to the conclusion that in international law there is no ordinary norm about investment disputes settlement by international commercial arbitration. The author analyzes changes to the Law of the Russian Federation of July 7, 1993 No. 5338-I on International Commercial Arbitration introduced as a result of the adoption of the Federal Law of December 29, 2015 No. 409-FZ. The article highlights the influence of state courts on the activities of international commercial arbitration, the expansion of the competence of international commercial arbitration and the filling of gaps in the 1993 Law on International Commercial Arbitration. The author believes that the expansion of the use of international commercial arbitration bodies ensures the creation of conditions to protect the interests of foreign investors.

Constitutional basis for public property in the context of the creation of a legal entity of public law

2020 ◽  
Vol 29 (5) ◽  
pp. 134-149
Author(s):  
Vladimir Nizov
Keyword(s):  
Property Rights ◽  
Russian Federation ◽  
Historical Analysis ◽  
Public Law ◽  
The State ◽  
The Public ◽  
Public Property ◽  
The Russian Federation ◽  
The Difference ◽  
The Right

The article discusses problems of the constitutional regulation of property rights and property itself. The research has been narrowed down to the features of public property regulation in the Russian Federation. The relevance of the research is explained by the process of the reform in the public property administration in Russian Federation, which has transferring of the state property to some legal entities of public law as distinguished feature. The author proposes the historical analysis of the property regulation’s development and the role of the Constitution in this process. The comparative instruments are used to show the main preconditions and trends of public property regulation in Russia and other countries. The author argues the Russian Federation is going on the process of the property regulation construction and the modern stage sees the Constitution as a main axiological filter for that. Meanwhile, the Russian legal system has several obstacles in this way: the limitation of the direct force of the Constitution, the spoiled separation of power, etc. The importance of the system of the check and balances in the property administration is noted. Thus, the research explains the differences between the system of the separation of power in the United Kingdom, Ukraine, and Russia. The author discloses the distinguishing features of the public property the state needs to account in the process of the property transition to public law entities. The critic overview of detailed property regulation in the Constitution’s text is expressed. The author notes constitutional provisions that regulate property issues are features of the post-socialist states. The difference between property rights and sovereign rights is also enclosed in the article. The justification of the right to administrate public property is provided, the research explains the importance of the justification in public property administration and its role in democratic societies, especially in the Russian Federation. The privatization and decentralization of the public property administration are needed to be explained the effectiveness and stability of these decisions. Additionally, the author argues that public property must have more concrete regulation because it needs more complex rules for just and effective administration. The conclusion of the article explains the linkage between the constitutional ideal and the development of public property regulation.

8 Setting Aside of Awards

2020 ◽  
Author(s):  
Oda Hiroshi
Keyword(s):  
Russian Federation ◽  
The State ◽  
State Courts ◽  
Public Order ◽  
Exclusive Jurisdiction ◽  
Recognition And Enforcement ◽  
The Russian Federation ◽  
The Relationship ◽  
Made In

This chapter covers the setting aside of arbitral awards. Arbitral awards can be set aside only by the court of the place of arbitration. Courts of the Russian Federation have exclusive jurisdiction in deciding on applications for setting aside of arbitral awards made in the Russian Federation. Grounds for setting aside of awards are common with the grounds for refusal of recognition and enforcement of foreign awards. Breach of public order is one of the frequently quoted grounds by Russian parties. Setting aside of awards is an area where the relationship between the state courts and arbitration is demonstrated in a concentrated manner. The chapter, after looking at the statutory provisions, will analyse a series of decisions of the court on setting aside of arbitral awards. Russian parties which lost arbitration often applies to the court in the hope of having the award been set aside. There have been some controversial decisions of Russian courts in this respect.

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