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NCJRS Abstract

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NCJ Number: 98776 Find in a Library
Title: Soviet Position on International Arbitration as a Method of Resolving Transnational Disputes (From Resolving Transnational Diputes Through International Arbitraiton, P 184-192, 1984, Thomas E Carbonneau, ed. - See NCJ-98767)
Author(s): C Osakwe
Date Published: 1984
Page Count: 9
Sponsoring Agency: University Press of Virginia
Charlottesville, VA 22903
Sale Source: University Press of Virginia
Box 3608
University Station
Charlottesville, VA 22903
United States of America
Language: English
Country: United States of America
Annotation: This paper explains reasons for the Soviet Union's support of international commercial arbitration and describes the operations of two permanent international arbitration commissions in Moscow -the Foreign Trade Arbitration Commission (FTAC) and the Maritime Arbitration Commission (MAC).
Abstract: Soviet distrust of the resolution of international trade disputes in the courts of a foreign trading partner may be surpassed only by its distrust of international adjudication. From the Soviet perspective, if amicable conciliation fails, the only ideologically and politically acceptable method of resolving transnational commercial disputes is international arbitration. International arbitration is particularly appealing to the Soviets because, unlike ordinary civil litigation under Soviet law, it is bipolar, a self-contained episode, party initiated, and party controlled. The confidentiality of private proceedings is also appealing to the Soviets. Other attractive aspects of international arbitration for the Soviets are the consensual nature of arbitral jurisdiction and the expertise of the arbitrators. The Soviet acceptance of international arbitration is seen in the presence of the FTAC and the MAC in Moscow. The FTAC has jurisdiction over disputes arising from international economic as well as scientific-technical relations between legal entities operating in different countries. The MAC has jurisdiction over all disputes arising from international maritime all disputes arising from international maritime operations as well as all disputes connected with operations by domestic vessels operating on international rivers. Western lawyers and businessmen who have appeared before the Soviet permanent arbitration commissions report that their procedures, as measured against international standards, generally are fair and their awards typically equitable. The procedures of the FTAC and the MAC are outlined. Eighteen footnotes are provided.
Index Term(s): Arbitration rules; Commercial arbitration; International dispute settlement; Union of Soviet Socialist Republics (USSR)
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