Глава 21. Разрешение экономических споров третейским судом
The collection reflects the discussion of the bill on mediation in labour disputes recently proposed in Turkey. The discussion was organised in the form of an international conference held by the Turkish Association of Labour Law and Social Security Law and the Turkish Confederation of Employers Associations.
This article examines the position of Russian state courts, in particular, of the Supreme Commercial Court, w i t h regard to the arbitrability of disputes concerning the transfer of title i n real estate and of corporate disputes under Russian law. These specific issues are dealt w i t h i n the light of the general approach of Russian courts to arbitration. Firstly, some necessary explanations are given in relation to Russian regulation, practice and attitude towards arbitration. Then, the approach of the Russian state commercial courts w i t h regard to the arbitrability of real estate and corporate disputes is described and compared w i t h their general attitude to arbitration manifested in Russian case law. Finally, the author's viewpoint on the possible concerns underlying the apparently incongruent stance of the commercial courts to the arbitrability of real estate and corporate disputes is discussed.
The paper is devoted to the idea of the applicability of mediation in employment disputes.
As part of the legislative work of the common rules of civil procedure to be applied by the courts of general jurisdiction and arbitration courts, the author draws attention to the problem of unification and codification of principles. The thesis of the need for a broader approach: inclusion in the new code as a major, cross-industry principles and institutions, and the principles of international law relating to the rights, freedoms and legitimate interests of the person, including the judiciary. Based on the analysis of the main provisions and principles of international law, the author concludes that there is a need for consolidation in the new code of principles of a fair trial, to be informed with regard to matters affecting the rights, freedoms and legitimate interests; freely exercise procedural rights; access to free legal aid in cases stipulated by the federal law; compliance with private and public interests; compliance with the principle of legal certainty. In this case the focus is on what part of the principles of the concept of a fair trial is already familiar civil and arbitration process, and the other part - only by the decisions of the European Court of Human Rights Complaints against the Russian Federation. However, mechanical transfer of the principles already enshrined civil process in the new code will not be consistent with the objectives and purposes of civil proceedings. Principles of Civil Procedure necessary to comprehend the subject progressively developing legal, judicial practice, including the European Court of Human Rights. Avtor by the example of the openness and consideration of the case within a reasonable time demonstrates the objective necessity of updating the content of the principles of civil proceedings, taking into account the use of electronic public services. The article also draws attention to the need to establish a uniform level of legal safeguards that arise from the generally recognized principles of international law, the rights, freedoms and legitimate interests in judicial and non-judicial proceedings.
China's Labor Contract Law came into force on January 1, 2008. One of several important legislative acts aimed at improving the processing of labor grievances through mediation, arbitration, and litigation, and averting collective labor protest, it provides that all employed persons must work under written individual employment contracts. We evaluate the legislation's impact nationally and by province for the years before and after the law's adoption. Observing that the law's effect varied substantially across provinces, we estimate the effects of the law, controlling for time, development level, export intensity, and migrant labor share, on the volume of disputes by province using a cross-sectional time series design. We also examine the law's impact on the incidence of collective disputes and the grounds for disputes. We find that the law significantly increased the volume of labor disputes, raising questions about the relative costliness of the government's strategy for managing employment relations.
Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States is the first full-scale commentary in English that aims at analysing the application of the New York Convention in Russia. The Convention introduced a straightforward model for the recognition and enforcement of foreign arbitral awards, which has had a unifying global effect, and created homogeneous national legal regimes in the field of commercial law. The 15 sovereign states that emerged from the dissolution of the Union of Soviet Socialist Republics (USSR) in 1991, all having adopted the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, today are drawing increasing attention from international law firms and global arbitral institutions. This book is compiled under the editorship of the Secretary General of the Russian Arbitration Association with attention to various relevant national laws and procedures.