International Commercial Arbitration: History, Modernity, Attempt to Look into the Future

The paper is a review of the textbook "International Commercial Arbitration", prepared by a group of authors under the scientific editorship of leading experts in the field of alternative dispute resolution, i.e. O.Yu. Skvortsov, M.Yu. Savranskiy, G. V. Sevastyanov. The significance of this publication is due to the need to develop a sustainable pro-arbitration approach in Russia, strengthen contractual principles in the field of legal conflict resolution, and develop international commercial arbitration (hereinafter referred to as the ICA) as an important component of increasing the attractiveness and competitiveness of the Russian jurisdiction. Legal science representatives and practicing lawyers have been in an active discussion about the role of arbitration institutions and arbitrators in modern civil commerce, the nature of arbitration, effective forms and methods (models) of interaction between state justice and arbitration, the limits of assistance and control of state courts in relation to arbitration courts, as well as the limits of the will of civil commerce participants in choosing forms and methods for resolving legal conflicts, and the importance for Russia, in the conditions of new challenges in the economy, and formation of a balanced Pro-arbitration policy. The reviewed book is the result of serious and very deep study of the ICA history and its contemporary state, all its major institutions. It contains the latest information about the most important directions of its modernization from the point of view of international standards and in the context of the Russian arbitration reform, demanded by both domestic and foreign business. The comparative legal research method chosen by the authors and reference to the best practices in the field under study made it possible not only to identify problems, current challenges and new trends in the field of arbitration, but also to propose a set of measures to solve existing problems in order to increase the role and authority of the ICA in Russia, increase confidence in the arbitration form of dispute resolution by state courts, expand the arbitrability of disputes, and increase the competitiveness of domestic jurisdiction.

review, textbook, international commercial arbitration, arbitrability of disputes, arbitration courts, legal conflicts, civil commerce, arbitration reform, arbitration, arbitrator

1. Skvortsov OYu, Savranskiy MYu, Sevastyanov GV, Lunaeva TA, editors. Mezhdunarodnyy kommercheskiy arbitrazh: uchebnik [International Commercial Arbitration: A Textbook]. 2nd ed., rev. and suppl. St. Petersburg: Editorial Office of the "Arbitration Court" Journal; Moscow: Statut; 2018.

2. Skvortsov OYu. Treteyskoe razbiratelstvo kak pravosudie: etap razvitiya novykh idey v svyazi s postanovleniem Konstitutsionnogo Suda Rossiyskoy Federatsii ot 26 maya 2011 goda № 10-P [Arbitration as Justice: The Stage of Development of New Ideas in Connection with the Decision of the Constitutional Court of the Russian Federation of May 26, 2011 No. 10-P]. Treteyskiy sud [Arbitration court]. 2011;4:89-92. (In Russ.)