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INTERNATIONAL DISPUTE RESOLUTION IN TURKEY AND RUSSIA: PROBLEM ISSUES

INTERNATIONAL DISPUTE RESOLUTION IN TURKEY AND RUSSIA: PROBLEM ISSUES. Maryana Batalova National Research University – Higher School of economics Moscow, Russia. Types of international dispute resolution. Negotiation Mediation Arbitration Litigation. Negotiation. Mediation.

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INTERNATIONAL DISPUTE RESOLUTION IN TURKEY AND RUSSIA: PROBLEM ISSUES

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  1. INTERNATIONAL DISPUTE RESOLUTION IN TURKEY AND RUSSIA: PROBLEM ISSUES Maryana Batalova National Research University – Higher School of economics Moscow, Russia

  2. Types of international dispute resolution • Negotiation • Mediation • Arbitration • Litigation

  3. Negotiation

  4. Mediation

  5. Arbitration

  6. Litigation

  7. International dispute • Increase if the turnover • Increase in international dispute s numbers • dispute containing foreign element • Party • Subject • Legal fact

  8. Judicial statistics for the Recognition an Enforcement of Arbitral Awards and Foreign Courts Decisions in Russia • 2002 - 41 • 2003 - 111 • 2004 - 72 • 2005 - 54 • 2006 - 73 • 2007 - 106 • 2008 - 79 • 2009 - 88 • 2010 – 145

  9. Core problems • application of foreign law • enforcement of the decision/award

  10. Application of foreign law Turkey Russia • Constant legislation changes – usage of legal opinions • Personal approach • Refusing legal opinions as an evidence • Formal approach No clear procedure of assistance request

  11. Enforcement as a final step Foreign state decisions Foreign arbitral awards • Bilateral agreements • State Law • Mutuality • Universal Convention New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958

  12. Arbitral Awards Enforcement - Applicable Legislation Turkey Russia • New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 • Law No.4686 on International Commercial Arbitration of 2001 • International Private and Procedure Code of 2007 • New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 • Federal Law No. 5338-1 on International Commercial Arbitration of 1993 • Arbitrazh Procedure Code of the Russian Federation of 2002 • Supreme Arbitrazh Court Plenum • Constitutional Court decree

  13. Possible problems of enforcement of an arbitral award • Enforcement of intermediate arbitral decisions • Non-arbitrable dispute • Procedural defects • Insufficient notification of the party • Violation of public order

  14. Unification and Clarification victory

  15. Thank you for your attention

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