The rapid development of information technology and the creation an society requires trans-formation all spheres public life. Justice civil process remain unchanged, as latest technologies have become indispensable tool in field justice for effective governance proper functioning democracy, on other hand they a significant challenge. Given these circumstan-ces, it is important to analyze features introduction blockchain proceedings explore points contact this issue. work aims study place...

The article is devoted to a comprehensive analysis of the problems determining arbitrability disputes submitted for consideration and resolution international commercial arbitration in terms presence or absence foreign element such disputes. theoretical foundations concept element, arbitrability, criteria competence regarding dispute are analyzed detail. Also, article, through prism provisions UNCITRAL Model Law on International Commercial Arbitration, substantiates need improve 1 Ukraine...

Нагнибіда В. І

The article deals with the study of latest challenges for institute international commercial arbitration in connection pandemic coronavirus infection COVID-19 and to impact concomitant introduction digitalization tools at different stages arbitration. Special attention is paid establishing reasons smaller negative on institutions alternative dispute resolution compared system state justice. paper proves that level there a coordinated balanced response pandemic, which expressed assurance...

The article examines the main approaches to determination by arbitral tribunal, in absence of a choice parties, substantive law applicable merits dispute, when resolving disputes international commercial arbitration. It is noted that three fundamental establishment tribunal dispute include: 1) application arbitrators principle closest connection; 2) recourse conflict-of-laws rules considers (indirect approach, voie indirecte) 3) granting right directly establish and apply without resorting...

The article explores the general theoretical issues of content and features law enforcement, examines constituent elements enforcement mechanism. It is summarized that complexity nature legal subject's actions may give rise to exercise in form adherence, performance, use or application law. author emphasizes a direct realization law, which provides for implementation prescriptions norms relation specific persons — subjects within relations they are parties. peculiarities such activity...

Нагнибіда В. І

The article examines the key aspects of impact law place enforcement arbitral award on arbitration and directly recognition awards, given study doctrinal positions, regulations relevant case law. It was found out that New York Convention Recognition Enforcement Foreign Arbitral Awards 1958 refers to procedural rules country settle matters inherent foreign awards not governed by Convention, establishing only basic fairly simple formal requirements for said procedure, which is one strong...

Нагнибіда В

The article examines the essence and significance of principle party autonomy in international commercial arbitration when choosing law applicable to substance dispute. Terminological issues content concepts «essence dispute» «applicable law» are considered separately. It is suggested that dispute, which substantive chosen by parties or established arbitral tribunal applies, should cover a wide range related rights obligations arising from conclusion, interpretation, enforcement, violation,...

The purpose of the article is to conduct a scientific analysis Western sanctions policies against Russian Federation concerning digital assets market, free flow crypto-currencies with participation legal entities and individuals, their scope, potential effectiveness.Research methods.The study based on general special methods knowledge, namely, synthesis, forecasting modeling methods.Results.In article, author presents comprehensive view current regulative approaches taken in countries,...

The study investigates the specific features of applying some remedies for civil rights internet users. Comparative, qualitative, and doctrinal research methods were used. authors point out that often, very method entering into a transaction on platforms may indicate possibility further voidability. such remedy as restoring situation existed prior to violation right. In this regard, an opinion is proposed protecting users, renewal be expressed in restoration access resources or belonging...

The article is of a scientific research nature and its main goal to determine the legal nature, sources regulation key features law, governing procedure in international commercial arbitration. issue analyzed through investigation relevant provisions documents, national laws on arbitration rules leading permanent institutions. It established that under applicable procedural law it possible understand single system only within certain context, particular, when referring lex arbitri . Authors...

The article is dedicated to the study of legal and soft law approaches, case on issue what by which means constitutes proper notice a party via electronic communications, i.e. receipt such, in practice international commercial arbitration.The relevance chosen directly stems from widespread use communication information exchange arbitration dispute resolution system, importance notification parties about fact progress process as key procedural requirement for recognition enforcement arbitral...

The purpose of the article was to study problems that arise during settlement disputes in order international commercial arbitration. used general scientific (dialectic, analysis and synthesis) special legal (comparative legal, formal-logical, systemic, hermeneutic, axiological) methods. In results research, it established characteristic features electronic development contracts trade are: forms conclusion pre-contractual contractual communication, making amendments additions contract....