Dottorato in AUTONOMIA PRIVATA, IMPRESA, LAVORO E TUTELA
DEI DIRITTI NELLA PROSPETTIVA EUROPEA ED INTERNAZIONALE

Titolo della tesi: Commercial arbitration as non-state economy justice

In the present thesis the author explores a set of legal relations arising in the process of arbitration trial. Object of research represents the objective analysis of procedure of consideration of disputes in arbitration tribunals, and also research of the legislation regulating arbitration legal proceedings, revealing in it of blanks and lacks. The international legislation and legislation of various states, such as Italy and other EU countries, the Russian Federation, the USA and other states, as well as the rules of leading arbitration institutions, are researched. Propose of research is a complete and objective analysis of the procedural features of arbitration proceedings, from the conclusion of arbitration agreement to the execution of arbitration award. Issues and problems of legal regulation of procedural legal relations arising in connection with arbitration proceedings are analyzed. Definition of the basic problems in arbitration and development of recommendations about their solving are making. This research is devoted the institute of commercial arbitration as non-state economy justice, the purpose of which is protection of rights and interests of economy entities. But, if necessary, the author uses the experience of other types of arbitration, such as sports, labor, etc. Because, the main principles of arbitral proceedings are mostly similar for each type of arbitration. Author explores both international and national commercial arbitration, but more attention is paid to national arbitration. Because, the legal regulation and practice of international commercial arbitration are now strongly unified in most states. As regards national arbitration, its legislative regulation and practice differs in various countries.