Rusya federasyonu’nda milletlerarası ticarî tahkim
SUMMARY \r\n \r\nSevinc Abdullayeva, “The International Commercial Arbitration in Russian \r\nFederation”, Master’s Dissertation, Adviser: Prof. Dr. Fügen SARGIN. \r\nThe purpose of this dissertation is to evaluate International Commercial \r\nArbitration in Russia, within the framework of Russian Law on International \r\nCommercial Arbitration, dated 07 July 1993 and the international conventions on \r\narbitration to which Russia is a party and to give an overview of dispute settlement in \r\nRussia in international commercial arbitration and is focused on practical \r\nimplementation of laws and rules. \r\nThe Russian Law on International Arbitration is practically the UNCITRAL \r\nModel Law on Arbitration Law. Most of rules in Russian Law on international \r\ncommercial arbitration are dispositive, and the texts of them are exactly the same \r\nwith the texts of the Model Law. \r\nArbitration based on freedom of contract is often confused with state \r\narbitration (arbitrage) in countries where continues existence of state court for \r\neconomical disputes with that name from Soviet Union time, e.g. in RF and in \r\nUkraine. İn Russia situation is even more confused, because according to the \r\nstatutory law, parties may agree, also in international relations, about Russian state \r\narbitration court. The interpretation of non-clear arbitration clauses has been in \r\nfavour of Russian state arbitrage instead of really arbitration. \r\nThe Russian Law on International Commercial Arbitration regulates both the \r\nad hoc and the institutional form of arbitration: this regulations are significant \r\nprogress in Russian Law in the field of international commercial arbitration. \r\nHowever, Russian Law on International Commercial Arbitration is criticised on \r\ngrounds of restrictive and contradictory provisions that it articulates. \r\nIn order to implement a desirable system of international dispute resolution by \r\nway of arbitration the legislature of the various states have to provide a system of \r\nsupport to arbitration. This is also what has taken place in all states participating in \r\ninternational commerce including Russia. However, the underlying reason for this \r\nlegislative effort is not only motivated by the desirability of a functioning \r\ninternational dispute law that the various states, including Russia, have undertaken \r\nunder international treaties, first and foremost the 1958 New York Convention.\r\n
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