Mediation in Russia: Regulation and Practice
The chapter in a monograph gives an insight into the key problems and most recent tendencies of the law and practice of mediation in Russia. Russia already has detailed federal legislation governing mediation. Also, mediation has been practised in Russia for years, even when such legislation was not in force. Furthermore, Russian law governing mediation is in rapid development. Thus current Russian experience can be of interest to legislators and practitioners from many countries which also face problems with case overload in the state courts.
The article envisages the role of mediation in the dispute settlement mechanism in the World Trade Organization. It shows an example of a dispute from the WTO practice and shows how mediation can be useful for reaching a mutually satisfactory solutions even in highly complicated international economic controversies.
The coursebook is designed for undergraduate law students specializing in the following spheres of law: Russian law, International Law, Comparative Law, whose native language is other than English. The Level of English before starting the course is supposed to be not lower than B1-B2 according to the CEFR. The book is aimed at developing academic and professional English skills. In in other words, prospective students are supposed to learn the English language used in special contexts (academic and professional). Thus, the primary objective is not to explain the system of law (either domestic or foreign), but to teach students to critically analyze the material related to it and to communicate at the university level and inside the profession, where students need to be prepared to listen to lectures in English, read academic and legal texts, produce different types of texts (paragraph, summary, essay, case brief), do research and present its result (in oral and written form).
To achieve its objectives the book puts stress on academic, professional and communicative skills. The academic component is realized through mastering critical thinking skills, search for information skills, note-taking skills, comparing and contrasting skills. The professional component is realized through case studies, reading legal texts, genre writing. In accordance with students’ academic and research needs the book is provided with specific vocabulary for Russian legal realia and activities to practice it. Communicative skills are developed through pairwork, groupwork and teamwork activities. The illustrative examples have mostly been taken from the British National Corpus and the Corpus of Contemporary American English.
The book can be used both in class and individually. It can be suggested as an additional course book for first or second year students.
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 report addresses the methodological challenge of studying judicial reasoning in a Codified Systems of such Western countries as France and Germany in the 19th century and Russia in the late 19th early 20th century. The difference in style of Western European and Russian decision should be explained by taking into account national legal consciousness along with black letter rules of the codes and statutes.
The article covers the major trends that are currently formed in the practice of arbitration courts in approving the settlement agreement and possible ways of further development of this institution.
Ce manuel est une première dans la coopération juridique bilatérale entre nos deux pays. Cet ouvrage est destiné à offrir aux étudiants et aux professionnels du droit et de la justice des clés de lecture communes de deux droits souvent donnés comme divergents. L'une de ses richesses majeures est de montrer comment, en dépit de législations, de doctrines juridiques et de pratiques judiciaires différentes, les droits français et russe restent, dans un nombre important de domaines, très proches. Les branches principales des droits public et privé français et russe y sont ainsi abordées les unes à la suite des autres, alternant approches françaises et russes, afin de permettre au lecteur de mieux comprendre le fonctionnement de son propre droit à la lumière du droit de l'autre pays. Plus qu'un instrument de comparaison de nos deux systèmes, ce manuel se veut donc un instrument de coopération juridique entre nos pays, invitant à s'interroger sur ce qui fait le droit et l'identité juridique d'un Etat.