Rabenko S. Entrepreneurs' rights protection by the international commercial arbitration.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0413U002492

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

03-04-2013

Specialized Academic Board

Д 26.001.06

Taras Shevchenko National University of Kyiv

Essay

The thesis is dedicated to complex scientific research and analysis of issues arising from entrepreneurs' rights protection by the international commercial arbitration. The understanding of international commercial arbitration as alternative jurisdictional extrajudicial form of rights protection, and internal (institutional) control after arbitral award is expressed. Reasonable segregation of internal control after arbitral awards models is proposed. Peculiarities of interaction between courts and international commercial arbitration during entrepreneurs' rights protection are analyzed. Recent legislative changes in arbitral awards challenge procedure in Ukraine and peculiarities of arbitral awards challenge in Ukraine in view of Ukraine's international agreements and Law of Ukraine "On international commercial arbitration", which were not reflected in legislative changes, are considered. Propositions on legislation improvement in the field of procedural issues of arbitral awards challenge and recommendations on application of certain Ukraine legislative norms are developed.

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