Теоретичні підходи до визначення поняття та ознак міжнародного комерційного арбітражу
Theoretical Approaches to Defining the Concept and Features of International Commercial Arbitration

Summary/Abstract: Considering the variety of manifestations of arbitration, the multifaceted approaches to the regulation of this method of alternative dispute resolution, a significant number of arbitration regulations and institutions, the study of such basic elements of the phenomenon of international commercial arbitration as the concept and features of this method of alternative dispute resolution remains relevant today. In view of the above, the purpose of this article is to define the concept of international commercial arbitration and the main features of this method of dispute resolution. In order to conduct a qualitative scientific study, the author analyzed the works of domestic and foreign scientists, the normative acts regulating the application of alternative dispute resolution procedures, and formed the appropriate methodology of scientific research, which included the structural-functional method, methods of generalization and comparison. The author established that international commercial arbitration is used to resolve disputes arising from legal relations with an existing foreign element or in which a participant is an enterprise with foreign investments or an international association/organization created on the territory of Ukraine. It has been studied that the commercial nature of disputes is that they arise from contractual and other civil-law trade relations. The concept of arbitration can be defined in several ways: as a method of alternative dispute resolution and as a non-governmental institution that considers a dispute transferred to it based on the agreement of the parties. Taking into account the above, the author provided a new definition of the concept of international commercial arbitration. The article also reveals the main features of international commercial arbitration, which include: flexibility and low formalization of the arbitration procedure, decision-making by arbitrators who, unlike judges, are not connected to the state and do not perform state functions; confidentiality of the arbitration procedure; finality and bindingness of decisions; variety of types of arbitration. It has been established that due to the specified advantages in the conditions of globalization and the spread of international commercial relations, the importance of international commercial arbitration will continue to grow, which, in turn, actualizes further scientific research into this method of dispute resolution. The results of scientific research can be used as a theoretical basis for further scientific developments in the field of international commercial arbitration, as well as in educational materials on disciplines related to this type of alternative dispute resolution.

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