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Arbitration of Corporate Disputes in the Light of the Reform of Private Arbitration: a Comparative Legal Approach.

ФИО студента: Julia Karaseva

Руководитель: Lev Bardin

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2019

The Arbitration Law reform development, particularly in a special procedural form of commercial arbitration, made a possible establishment of a way of resolving corporate disputes arising out of contractual freedom. The paper discovers the main results of the aforementioned reform: novels in Russian legislation on procedural law of arbitration, as well as new amendments, which take into account all potential conditions should be met to make a corporate dispute fully arbitrated and processed; the study devoted to a headline issue of arbitrability of corporate conflicts, using a comparative legal approach, thus, key features of commercial arbitration in Common and Continental law systems effectively compared with Russian legal framework. The work also focuses on the modes of arbitrability of corporate disputes and the classification prevailing in the legal literature. Attained results indicate the strong misbalance between arbitration of both external and internal corporate conflicts and purpose of unambiguous state courts control and evaluation of focus on the efficient participation not only legal entities and their shareholders in a process, but the likely impact on an unlimited number of third parties; as well as partly positive outlook for the future development of the institute of arbitration in Russia.

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