Modern Legal Mechanisms for Resolving International Economic Disputes
The article analyzes the essential features and main approaches to the understanding of the economic dispute as a legal category. Criteria for separating legal disputes from any other kind of disputes are suggested. The authirs substantiate the functional approach to economic disputes as private law disputes arising in the course of any business activity. The issue of the industry affiliation of international economic disputes is examined. The peculiarities of the functioning of the international economic disputes in the Russian Federation are outlined. Special attention is given to dispute resolution mechanisms before the national courts of the Russian Federation with participation of foreign persons. Several problems, in particular, the excessive dependence of arbitration courts from the state authorities and "regulated" arbitration in Russia are highlighted. The authirs analyze modern procedures for alternative resolution of international economic disputes. Based on the study of the international experience the authors prove the importance of the use of mediation procedures as an effective means of settling private law and public law disputes.