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Arbitrability of Concession Agreements in Private International Law

ФИО студента: Viktoriia Tugolukova

Руководитель: Konstantin Ksenofontov

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2019

Recently, in foreign countries there has been a tendency to increase arbitration disputes. In Russia, the reverse trend is taking place, so the doctrine of concentration of socially significant public elements, which recognizes non-arbitrable civil-law disputes with public elements, was created by judicial practice. In this research paper, the author analyzes the problem of arbitrability of disputes from concession agreements. For this purpose, the author of the paper will analyze the concept of arbitrability, the Russian judicial practice on the issue of arbitrability of concession agreements, analyze the scope of the doctrine of concentration of socially significant public elements, compare this doctrine with public order, analyze the arguments in favor of arbitrability or non-arbitrability of disputes developed in the doctrine, and it will also consider the impact of international investment agreements on the arbitrability of concession agreement.

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