scholarly journals Arbitral Awards Under ISTAC Arbitration

2021 ◽  
Author(s):  
Mustafa Topaloğlu

Arbitration is a well-established and widely used method of resolution of disputes outside the state courts. There are various arbitration centers around the world. The Istanbul Arbitration Centre ISTAC is an independent, neutral and impartial institution providing efficient dispute resolution services for both international and domestic parties. The arbitral awards rendered under ISTAC Arbitration Rules are subject to enforcement by officers just as court decisions. ISTAC arbitration proceeding is carried out by The Sole Arbitrator or Arbitral Tribunal which consist of President and other arbitrators. The Sole Arbitrator or Arbitral Tribunal shall render the award on the merits of the dispute, within 6 months from the date upon which the completion of the signatures on the terms of reference. When the dispute is resolved by an Arbitral Tribunal, it shall decide by majority. In the absence of majority, the award shall be made by the President of the Arbitral Tribunal. The arbitral award contains information of parties and arbitrators, the reasoning of the award, the decision, the decision concerning the costs of the arbitration. The awards are signed by Sole Arbitrator or Arbitral Tribunal. The Sole Arbitrator or Arbitral Tribunal may correct ex officio any computational and typographical errors in the award within 30 days of the date on which the award was rendered. The arbitration proceedings are terminated by the issuance of the award or by the occurrence of any circumstances which are stipulated under ISTAC Arbitration Rules Article 3.


Author(s):  
Gusy Martin F ◽  
Hosking James M ◽  
Schwarz Franz T

This chapter discusses the international arbitration rules of the International Centre for Dispute Resolution (‘ICDR’), the international arm of the American Arbitration Association (‘AAA’). It first provides a background on the AAA and the ICDR before analysing the ICDR’s International Dispute Resolution Procedures and the significant revisions to the ICDR Rules. It then offers a commentary on some key Articles of the ICDR Rules and explains how the ICDR Rules differ from those of other arbitral institutions. The comments particularly highlight the 2014 amendments and cover topics such as the scope of the ICDR Rules; joinder and consolidation; appointment of the arbitral tribunal; arbitral jurisdiction; arbitral awards, orders, decisions and rulings; and costs of arbitration. The chapter concludes with an overview of other important AAA/ICDR innovations, rules and practices, including those with regard to international expedited procedures, administrative conferences, appointment and qualifications of the arbitrator, and the arbitral award.



Author(s):  
Volodymyr O. Zarosylo ◽  
Oleksandr M. Kaplya ◽  
Kyrylo V. Muraviov ◽  
Dmytro I. Myniuk ◽  
Olena Yu. Myniuk

Resolving legal conflicts is one of the main tasks of any state. This function is in most cases entrusted to the judiciary, but as experience shows, the court alone cannot ensure the effective functioning of the legal dispute resolution system. For every democratic state, the availability of an alternative is important, and the subject of law must be able to choose the ways of resolving legal disputes. Today in the world there are such alternative ways of resolving disputes as: arbitration, mediation, consultation, negotiations, intersession, conciliation procedure and others. The purpose of the article is to identify the advantages and disadvantages of alternative dispute resolution methods. The article analyzes the literature on this topic, and also presents the features of alternative ways of dispute resolution, which allows us to identify their advantages and disadvantages as a legal procedure. The existence in most countries of the world of alternative dispute resolution is to some extent positive for the parties to the conflict, because dispute resolution through arbitration, mediation, negotiation, consultation and other alternative dispute resolution allows to resolve it without state intervention and they can be solved much faster. Alternative dispute resolution can to some extent be a source of savings money for the state, as they exist independently and do not require funds to provide them from the state, while in Ukraine the system of commercial courts annually requires a fairly large cost of maintaining such courts. Resolving disputes through alternative methods also speeds up their resolution, but in some cases the process itself can be more expensive



Author(s):  
Mills Alex

This chapter examines what appears to be an ambivalence in English law towards non-state forms of law and dispute resolution. It begins by focusing on the fact that an English court will not recognize the validity of a choice of non-state law in a contract, but will nevertheless recognize and enforce an arbitral award based on the application of non-state law, identically chosen by the parties. It then deals with the English courts’ attitude to the recognition and enforcement of a foreign arbitral award which has been set aside by the courts of the seat of the arbitration, under which the arbitral award is neither voided, nor necessarily still enforceable. In both of the contexts examined in this chapter-the question of the validity of a choice of non-state law, and the question of the enforceability of an arbitral award set aside by the courts of the arbitral seat-the underlying issue is the extent to which English law and courts are receptive to non-state norms and normative processes, and the extent to which they remain in a paradigm under which states are the exclusive sovereign actors. In both contexts, the English legal system strikes a balance.



Author(s):  
Stefania Mosiuk ◽  
Igor Mosiuk ◽  
Vladimir Mosiuk

The purpose of the article is to analyze and substantiate the development of tourism business in Ukraine as a priority component of the national economy. The methodology of this study is to use analytical, spatial, geographical, cultural and other methods. This methodological approach provided an opportunity to carry out a complete analysis of the state of the tourism industry of the state and to draw some conclusions.The scientific novelty lies in the coverage of the real and potential resource potential for the development of the recreational and tourism sphere in Ukraine, detailing the measures for the country ‘s entry into the world tourist market. Conclusions. Analyzing the state and prospects of tourism business development in Ukraine, it should be noted that this industry is one of the priority areas for improving the economy of the country. Historical, cultural – ethnographic, gastronomic, sanatorium and resort potentials of the country will lead the country into world leaders of the tourism industry when creating favorable conditions for investment and proper marketing.



Author(s):  
Julia N. Shubnikova

On the State Universal Scientific Library of the Krasnodar region, which is one of the largest regional libraries in the Russian Federation.



2018 ◽  
Vol 11 (2) ◽  
pp. 18-26 ◽  
Author(s):  
I. A. Strelkova

The paper examines various approaches to the definition of the term «digital economy» in the scientific and business environment along with factors and forms of its development in different countries taking into account the specifics of the current stage of the Russian economy, which is a matter of particular importance in seeking new sources of the world economy growth. The subject of the research is opportunities and threats inherent in the process of digitalization of economies and their impact on the operation of international and national markets as well as the development of the world economy as a whole. The purpose of the paper was to analyze the practical experience in the formation and development of the digital economy in foreign countries and Russia and identify the changes it brings to the activities of state institutions and business structures, established rules of market exchange, the process of promotion and use of innovations. All the above made it possible to determine the country-level specifics of the digital economy evolution reveal the contradictory nature of its manifestations and justify the necessity for active participation of the state in stimulation and support of potentially promising digital innovations in various sectors of the economy. It is concluded that the level of the digital economy development depends on the real-sector performance, the maturity of markets, the state of the national economy. It is highlighted that the criteria for a comprehensive assessment of the results of the economy digitalization must be developed.



2018 ◽  
pp. 79-81
Author(s):  
X. M. Bayqabilov ◽  
N. M. Karakulov
Keyword(s):  


Author(s):  
Оlena Fedorіvna Caracasidi

The article deals with the fundamental, inherent in most of the countries of the world transformation of state power, its formation, functioning and division between the main branches as a result of the decentralization of such power, its subsidiarity. Attention is drawn to the specifics of state power, its func- tional features in the conditions of sovereignty of the states, their interconnec- tion. It is emphasized that the nature of the state power is connected with the nature of the political system of the state, with the form of government and many other aspects of a fundamental nature.It is analyzed that in the middle of national states the questions of legitima- cy, sovereignty of transparency of state power, its formation are acutely raised. Concerning the practical functioning of state power, a deeper study now needs a problem of separation of powers and the distribution of power. The use of this principle, which ensures the real subsidiarity of the authorities, the formation of more effective, responsible democratic relations between state power and civil society, is the first priority of the transformation of state power in the conditions of modern transformations of countries and societies. It is substantiated that the research of these problems will open up much wider opportunities for the provi- sion of state power not as a center authority, but also as a leading political structure but as a power of the people and the community. In the context of global democratization processes, such processes are crucial for a more humanistic and civilized arrangement of human life. It is noted that local self-government, as a specific form of public power, is also characterized by an expressive feature of a special subject of power (territorial community) as a set of large numbers of people; joint communal property; tax system, etc.



2019 ◽  
Vol 7 (3) ◽  
pp. 183-195 ◽  
Author(s):  
Anna Shevchenko ◽  
Andrey Migachev
Keyword(s):  


2020 ◽  
Vol 2 (7) ◽  
pp. 19-23
Author(s):  
V. V. VELIKOROSSOV ◽  
◽  
Yu. M. BRYUKHANOV ◽  
A. O. TITOVA ◽  
◽  
...  

The article is dedicated to eSports as a new and promising sector of the world economy that provides businesses with effective integration scenarios. This contributes to the development of cooperation of private and public investors with eSports holdings, as well as to the involvement of the generation Z audience in promising consumption of interested companies’ products. The article examines the current trends in the development of the eSports market using analytical studies of international consulting companies. The official data characterizing the state of the eSports market in Russia are also represented. The article provides information about the model of monetization of eSports and its perspective directions. In conclusion, the article makes the necessary inferences to assess the prospects of such areas of the economy as eSports, both for the industry of interactive entertainment and for representatives of other market sectors.



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