Prylutska A. System of alternative methods of resolving commercial disputes

The dissertation is a comprehensive research of the issues related to the allocation and characterisation of the concept and features of alternative methods of resolving economic disputes in modern economic realities, their varieties, application in various areas of economic activity etc., in which their systematic scientific and practical analysis is carried out. The relevance of the chosen research topic is due to the process of dynamic reforms in the field of protection of business entities' rights through application of alternative methods of resolving disputes of various nature, including commercial disputes. A general analysis of the scientific literature shows that the allocation of the system of alternative methods of economic dispute resolution as a component of legal regulation of economic procedure law, and the criteria for their allocation and application, still raises many controversial issues, and some of their aspects are insufficiently researched and unambiguously unresolved for practice, and in the context of modern economic policy reforms, there is a need to study them for the sake of proper regulatory support and uniform law application. Also unclear are the provisions on their list in the context of the unification of national legislation with EU legislation. The introduction of the dissertation substantiates the author's scientific interest in the chosen topic in terms of its economic and procedural legal regulation, identifies its relevance and the current state of scientific research in this area; defines the purpose, tasks, object and subject, methodological tools of the study; argues the scientific novelty and practical significance of the results obtained; provides information on the testing and publication of the research results. The article first of all formulates a definition of the concept of "out-of-court alternative methods of resolving commercial disputes" as procedures involving an independent third party engaged solely on the basis of an agreement between the parties to a commercial dispute executed by a relevant service agreement and court procedures arising on the basis of an agreement (clause) with an administrative institution that, with the consent of the parties, has been delegated the authority to determine the procedure for the appointment of a neutral third party, control the quality of the work and payment for services, while the neutral third party has no right to order (or "impose") decisions on the parties, but acts solely as a mediator. For the first time, the author substantiates that in the system of alternative dispute resolution (ADR), only arbitral (arbitration) jurisdiction and automated forms of dispute resolution (including through smart contracts and robotic systems) may be considered ADR in the literal sense of the word, while out-of-court conciliation, mediation and other methods of interaction between the parties to a legal conflict are literally ways of settling disputes rather than resolving them, and therefore are traditionally included in the ADR system; this implies the establishment of enforcement of various ADR methods for the purposes of diversifying legal regulation and state legal stimulation (restriction).