Kyselova T. Challenge and Enforcement of International Arbitral Awards: Comparative Study

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0403U001326

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

25-03-2003

Specialized Academic Board

Д 11.170.01

Essay

Object of research: public relations in the process of challenge and enforcement of international commercial arbitration (ICA) awards in commercial disputes made in the territory of Ukraine and other countries. Aim of research: development of theoretical provisions and practical recommendations regarding improvement of legal regulation of relations in the process of challenge and enforcement of ICA awards. Method of research: historical, dialectical, formal-logical, comparative-legal methods as well as interbranch systematic approach. Theoretical meaning: there was developed a terminological base of commercial procedural law with regard to regulation of ICA; defined and amended several scientific terms, specified such terms as "ICA award", "challenge of ICA award", enforcement of ICA award". In theoretical sense the development of the notion "ICA award" based on ICA features is interesting. Practical meaning is that theoretical conclusions have been raised to the level of concrete practical recommendations, formulated as texts of articles with amendments and changes into acting legal acts of Ukraine, proposals to the draft Law of Ukraine on third-party tribunal (arbitration). The new findings are that for the first time there were researched theoretical and practical problems of legal regulation in Ukraine of challenge and enforcement of ICA awards, made in Ukraine in commercial disputes, as a complex with account of legislation and practice of its application in other countries. Area of us: norm-creative organs of central power; International Commercial Arbitration Court under Trade Industrial Chamber of Ukraine; high educational establishments.

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