Механизм правового регулирования разрешения международных коммерческих споров: вопросы теории и правоприменительной практики
Legal Regulatory Mechanisms of Settling International Commercial Disputes: Issues of Theory and law Enforcement Practice

Summary/Abstract: International commercial arbitration is a traditional way of disputes resolution that occurs in international commercial relationships. Resolving commercial disputes by international commercial arbitrations is characterised by several essential peculiarities.The term «international commercial arbitration» designates three mutually related concepts, reflecting different aspects of one social phenomenon: (1) a definite mechanism of disputes resolution between merchants of different states, a body of means and resorts with the help of which the collision in materially-legal relationships is eliminated; (2) establishment, which is founded for handling and resolving disputes, resulting from international commercial relationships; (3) the membership of arbitration court, concrete arbitrators, resolving a concrete civil-legal dispute.The legal nature of international commercial arbitration, and also the related notion of «arbitration agreement», has a debatable character.In science there are formulated the following doctrines, explaining the legal nature of international commercial arbitration: (1) contract (consensual) theory; (2) procedural theory; (3) mixed (hybrid) theory; and (4) autonomous theory.Activity procedures of international commercial arbitrations are regulated by regulations and rules of institutional arbitral establishments, which in juridical literature are referred to as alternative ways of commercial disputes resolution («alternative disputes resolution») and which are perceived as an alternative to state and arbitral legal proceedings.The agency created with the purpose to settle divisions between participants of economic relationships in international juridical literature is usually named mediation.

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