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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

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






International dispute
International dispute

  • Increase if

    the turnover

  • Increase in international dispute s numbers

  • dispute containing foreign element

    • Party

    • Subject

    • Legal fact


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 Arbitral Awards and Foreign Courts Decisions in Russia

  • application of foreign law

  • enforcement of the decision/award


Application of foreign law
Application of foreign law Arbitral Awards and Foreign Courts Decisions in Russia

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 Arbitral Awards and Foreign Courts Decisions in Russia

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 Arbitral Awards and Foreign Courts Decisions in Russia

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 Arbitral Awards and Foreign Courts Decisions in Russia

  • 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 Arbitral Awards and Foreign Courts Decisions in Russia

victory


Thank you for your attention
Thank you for your attention Arbitral Awards and Foreign Courts Decisions in Russia


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