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Злоупотребление процессуальными правами в международном арбитраже
Арбитражный и гражданский процесс. 2025. № 4. С. 31–34.
Absalyamov V.
The article is devoted to the study of abuses of procedural rights in international arbitration and the related legal challenges. It analyzes various forms of bad faith conduct by parties and assesses the effectiveness of existing tools in countering such practices. The author concludes that in order to maintain trust in international arbitration, the approaches to applying these mechanisms need to be improved.
Klementiev A., Kasatkina A., Legal Issues in the Digital Age 2026 Vol. 7 No. 2 P. 40–60
The article examines specific aspects of artificial (machine) intelligence in dispute resolution in state and arbitration courts . Drawing on legal research methods and data from artificial intelligence science, the authors propose a significant obstacle to its application in the legal sphere is the so-called “hallucination problem,” i .e ., the generation of false data by machine intelligence programs ...
Added: July 14, 2026
Galperin M., Закон 2025 № 12 С. 40–53
The author of this article attempts to answer the question: are hopes justified that BRICS will become the „assembly centre“ of a new global legal system that will gain dominance, displacing the Anglo American law? What is Russia’s role in this process? In search of an answer, the author analyses the current concept of legal ...
Added: December 25, 2025
Galperin M., Global Jurist 2026 Vol. 26 No. 1 P. 25–45
This article examines the potential for the BRICS coalition to displace the
Anglo-American legal narrative as the global hegemon. To address this task, it critically
analyzes the concept of legal hegemony, state practice, and international
business customs. The central conclusion is that while BRICS holds the potential for
future legal leadership, there are currently no tangible signs that it ...
Added: December 12, 2025
Kostsov V., Коммерческий арбитраж 2024 № 2(13) С. 43–79
The author examines the specifics of using non-monetary relief in international arbi- tration which is not related to the payment of money as a means of payment. The author substantiates the specifics of non-monetary methods of legal protection based on the features of the procedural form of their implementation. The author analyzes the issue of ...
Added: June 20, 2025
Galperin M., Международное правосудие 2025 Т. 15 № 1(53) С. 40–55
The article, using the example of recent judgments s of the European Court of Human Rights, including in the case of NDI Sopot S.A. v. North Macedonia, analyzes the current practice of assessing attempts by some national courts to refuse recognition and enforcement of foreign arbitral awards in commercial and investment cases, including on the ...
Added: March 27, 2025
Galperin M., Вестник экономического правосудия Российской Федерации 2024 № 12 С. 4–20
The article, devoted to the fresh ruling of the Russian Supreme Court, examines the question, whether a nationality of the international arbitrator affects the legal force of award it takes to resolve a purely private dispute. Using a seemingly ordinary commercial case, not even directly related to sanctions, the Supreme Court established a presumption of ...
Added: December 11, 2024
Absalyamov V., Законодательство 2024 № 12
The present article is devoted to legal problems related to abuse of procedural rights in international arbitration. The task is to analyze various forms of abuse and mechanisms of abuse prevention for their effectiveness. The author concludes that in order to preserve the legitimacy and effectiveness of international arbitration, the practice of existing mechanisms needs ...
Added: September 16, 2024
Absalyamov V., Арбитражный и гражданский процесс 2024 № 04 С. 50–54
This article is devoted to the legal problems arising in connection with the conduct of parallel proceedings in cases related to the protection of foreign investments in two bodies: international investment arbitration and the WTO Dispute Settlement Body. The purpose of this work is to explore the possibility of simultaneous consideration of a dispute in ...
Added: June 8, 2024
Melnikova A., Теоретическая и прикладная юриспруденция 2023 № 2 (16) С. 87–92
The purpose of this article is to analyze abuses of procedural right in civil and arbitrazh proceedings of the Russian Federation in the context of judicial review. The problem posed by the author is studied from “general” to “speci c”: from the study of the potential for abuse of the right to appeal to the ...
Added: December 7, 2023
Авдулова А. Е., Kostsov V., Журнал ВШЭ по международному праву 2023 Т. 1 № 2 С. 4–31
The authors critically analyze the arbitrators’ duty to render an enforceable award, which is often considered as a starting point for resolving a number of legal issues arising in the course of arbitration proceedings. The authors prove that this duty cannot replace other legal instruments and has no independent role in resolving issues of jurisdiction, ...
Added: October 26, 2023
Шайхутдинова А. И., Законодательство 2023 № 6 С. 65–72
Due to the specifics of arbitration proceedings, which can be initiated only if there is an arbitration clause, when parallel proceedings arise in a state court and an arbitration tribunal, the key issue to be considered is the question of validity of an arbitration clause and competence of arbitration to consider a dispute on its ...
Added: September 12, 2023
Krymskiy D., Melnikova A., Вестник гражданского процесса 2023 Т. 13 № 1 С. 306–327
The development of information technologies in legal proceedings and their active introduction into the daily practice of courts in recent years raises the question of the risks of using such technologies by participants in legal proceedings for unfair purposes. The abuse of procedural rights known to traditional justice can also be carried out in the ...
Added: March 29, 2023
Nefedov B., Энтин М. Л., Правоприменение 2022 Т. 6 № 2 С. 65–79
The article discusses the international legal positions of Russia and Japan that prevent the conclusion of a peace treaty between them and impede a radical improvement in relations, which is perceived as an urgent need for both sides. The purpose of the article is to show the fundamental differences in the official positions of the ...
Added: October 25, 2022