CEU Electronic Theses and Dissertations, 2010
| Author | Olefirenko, Kostyantyn Victorovich |
|---|---|
| Title | Applicable procedural law in international commmercial arbitration |
| Summary | Present thesis focuses on the topic of the choice of procedural law applicable to the conduct of arbitral proceedings. The aim of the research is to provide a comprehensive analysis of modern approaches to this issue and summarize relevant provisions of law and court practice of Ukraine. Although delocalization of arbitral proceedings from the system of state law is a widely accepted option in modern arbitration, seat of the arbitral proceedings, which determines law applicable to the proceedings remains of importance. It is implied that by the choice of the seat parties had availed themselves to its procedural law. The analysis of relevant provisions of Ukrainian laws demonstrates that the country supports the presumption in favor of the seat. The adoption of a special statute on regulation of international commercial arbitration did not solve all of the problems in the field. The enactment of the new Code of Civil Procedure contributed to these problems. In order to solve these problems reform of domestic laws on international arbitration and recognition and enforcement of foreign arbitral awards is necessary. |
| Supervisor | Várady, Tibor |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2010/olefirenko_kostyantyn.pdf |
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