Temporal Boundaries of an Arbitration Agreement as a Prerequisite for Submitting a Dispute to International Commercial Arbitration

  • Nataliia S. KUZNIETSOVA Kyiv Regional Center, National Academy of Legal Sciences of Ukraine, Kharkiv, Ukraine
  • Yurii D. PRYTYKA Department of Justice, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine
  • Mykhailo M. KHOMENKO Department of Civil Law, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine

Abstract

One of the most effective methods of resolving legal disputes is the development of international commercial arbitration. The signing of the arbitration agreement is a key factor in the submission of the dispute to arbitration. The purpose of this study is to identify the main approaches to understanding the term of the arbitration agreement and to outline the main reasons for considering this aspect of the arbitration agreement. For the purpose of this study, general scientific and special methods, such as comparative-legal method, method of analysis, method of synthesis, were used. As a result of the research, the principles and interpretation of the autonomy of the arbitration agreement, different legal consequences and different legal nature of the expiration of limitation period and defects of the temporal terms of the arbitration agreement, ways of determining the term of the arbitration agreement have been determined. The authors conclude that the question of the applicability of the arbitration agreement to a particular contract should be determined on the basis of substantive provisions of a main contract and an arbitration agreement.


 

References

[1] Boyarskaya, Z.I. 2001. International commercial law. KNEU.
[2] Civil Procedure Law. 2015. http://www.vvc.gov.lv/export/sites/default/docs/LRTA/Likumi/Civil_ Procedure_Law.pdf.
[3] Fedorov, A.G. 2000. International commercial arbitration. Statut.
[4] Lehtinen, L. 2015. Flexibility of the arbitration agreement. In: Materials of the Second International Arbitration Readings in Memory of Academician I.G. Pobirchenko, 45-52. International Commercial Arbitration Court and Maritime Arbitration Commission at the Chamber of Commerce and Industry of Ukraine.
[5] Resolution of the Supreme Economic Court of Ukraine of April 18, 2017 in Case No. 910/13318/16. 2017. https://protocol.ua/en/postanova_vgsu_vid_18_04_2017_roku_u_spravi_910_13318_16/.
[6] Resolution of the Supreme Economic Court of Ukraine of October 7, 2008 in Case No. 20/316. 2008. http://vgsu.arbitr.gov.ua/docs/28_2122253.html.
[7] Rules & Practice Notes. 2020. Hong Kong International Arbitration Center. http://www.hkiac.org/arbitration/rules-practice-notes.
[8] Swiss Rules of International Arbitration. 2012. https://www.swissarbitration.org/Arbitration/Arbitration-Rules-and-Laws.
[9] The Singapore International Arbitration Center (SIAC). 2018. Aceris Law LLC. https://www.acerislaw.com/the-singapore-international-arbitration-center-siac.
[10] Vinokurova, L. 2015. The doctrine of ‘autonomy of an arbitration agreement’. In: Materials of the Second International Arbitration Readings in Memory of Academician I.G. Pobirchenko, 45-52. International Commercial Arbitration Court and Maritime Arbitration Commission at the Chamber of Commerce and Industry of Ukraine.
[11] Yuryev, E.E. 2006. Arbitrage agreement validity terms. Arbitration and Civil Process 6: 31-32.
Published
2019-12-31
How to Cite
KUZNIETSOVA, Nataliia S.; PRYTYKA, Yurii D.; KHOMENKO, Mykhailo M.. Temporal Boundaries of an Arbitration Agreement as a Prerequisite for Submitting a Dispute to International Commercial Arbitration. Journal of Advanced Research in Law and Economics, [S.l.], v. 10, n. 7, p. 2055 – 2059, dec. 2019. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/4998>. Date accessed: 22 dec. 2024. doi: https://doi.org/10.14505/jarle.v10.7(45).16.