International dispute resolution in turkey and russia problem issues
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INTERNATIONAL DISPUTE RESOLUTION IN TURKEY AND RUSSIA: PROBLEM ISSUES PowerPoint PPT Presentation


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INTERNATIONAL DISPUTE RESOLUTION IN TURKEY AND RUSSIA: PROBLEM ISSUES. Maryana Batalova National Research University – Higher School of economics Moscow, Russia. Types of international dispute resolution. Negotiation Mediation Arbitration Litigation. Negotiation. Mediation.

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INTERNATIONAL DISPUTE RESOLUTION IN TURKEY AND RUSSIA: PROBLEM ISSUES

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International dispute resolution in turkey and russia problem issues

INTERNATIONAL DISPUTE RESOLUTION IN TURKEY AND RUSSIA: PROBLEM ISSUES

Maryana Batalova

National Research University – Higher School of economics

Moscow, Russia


Types of international dispute resolution

Types of international dispute resolution

  • Negotiation

  • Mediation

  • Arbitration

  • Litigation


Negotiation

Negotiation


Mediation

Mediation


Arbitration

Arbitration


Litigation

Litigation


International dispute

International dispute

  • Increase if

    the turnover

  • Increase in international dispute s numbers

  • dispute containing foreign element

    • Party

    • Subject

    • Legal fact


International dispute resolution in turkey and russia problem issues

Judicial statistics for the Recognition an Enforcement of Arbitral Awards and Foreign Courts Decisions in Russia

  • 2002 - 41

  • 2003 - 111

  • 2004 - 72

  • 2005 - 54

  • 2006 - 73

  • 2007 - 106

  • 2008 - 79

  • 2009 - 88

  • 2010 – 145


Core problems

Core problems

  • application of foreign law

  • enforcement of the decision/award


Application of foreign law

Application of foreign law

Turkey

Russia

  • Constant legislation changes – usage of legal opinions

  • Personal approach

  • Refusing legal opinions as an evidence

  • Formal approach

No clear procedure of assistance request


Enforcement as a final step

Enforcement as a final step

Foreign state decisions

Foreign arbitral awards

  • Bilateral agreements

  • State Law

  • Mutuality

  • Universal Convention

    New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958


Arbitral awards enforcement applicable legislation

Arbitral Awards Enforcement - Applicable Legislation

Turkey

Russia

  • New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958

  • Law No.4686 on International Commercial Arbitration of 2001

  • International Private and Procedure Code of 2007

  • New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958

  • Federal Law No. 5338-1 on International Commercial Arbitration of 1993

  • Arbitrazh Procedure Code of the Russian Federation of 2002

  • Supreme Arbitrazh Court Plenum

  • Constitutional Court decree


Possible problems of enforcement of an arbitral award

Possible problems of enforcement of an arbitral award

  • Enforcement of intermediate arbitral decisions

  • Non-arbitrable dispute

  • Procedural defects

  • Insufficient notification of the party

  • Violation of public order


Unification and clarification

Unification and Clarification

victory


Thank you for your attention

Thank you for your attention


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