Keywords: mezhdunarodnyi kommercheskii arbitrazh, tsessiya, litsa publichnogo prava, MKAS TPP RF, arbitrability

Keywords: Dogovor, Mezhdunarodnyi franchaizing, Kommercheskaya kontsessiya, Mezhdunarodnoe regulirovanie, Sootnoshenie dvukh dogovorov, Opredelenie terminov, Probely v prave, Litsenzionnyi dogovor

Abstract: The article includes the comparative legal aspect of analysis of the specific features of formation of the public order concept in Russian and French legal systems, leading to various approaches and various position of this concept within them. The author makes a conclusion that the public order concept, while being initially formed as domestic concept, gained a character of a general legal principle of the French law, being recognized as a fundamental legal category within all branches of law. At the same time, in the Russian legal system this concept is only developed within the framework of the international private law. The said specificities influence the formation of the legal constructions for the certain types of legal order, namely, the category of public economic order, which is not known to the Russian legal science. The author offers to provide a historical overview of the specific features of the formation of this category in the French law, as well as the changes, which it is currently going through.

Keywords: public economic order, French law, comparative law, international private law, public order, fundamental principles of law, neoliberalism, the European contract law, autonomy of will.

Abstract: The article concerns the issue of the criteria for dispute arbitrability. Based upon the analysis of problems of application of arbitrability of the dispute, which involves the gradual widening of the scope of issues acceptable for the resolution in international commercial arbitration, causing a number of difficulties, as well as the need to find the instruments, which would allow to achieve uniformity in regarding certain categories of dispute as being arbitrable, the author provides arguments in favor of establishing the criteria for regarding a dispute as being arbitrable. While forming the main requirements for such criteria, the author offers her own version of arbitrability criteria, providing substantiation for their practical application. Special attention is paid to the issues of revision of the decisions of international commercial arbitration, and the responsibility for the arbitrators. The author evaluates the provisions of the new edition of the Regulation of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation, as well as the Draft of the Federal Law “On Amendments to the Arbitration Procedural Code of the Russian Federation and the Law of the Russian Federation “On International Commercial Arbitration”, as well as the “Complex of Measures on the Development of the Arbitral Judicial Proceedings in the Russian Federation” , which was proposed by the Ministry of Justice of the Russian Federation in 2013.

Keywords: arbitrability, arbitrability, arbitrabilty of a dispute, arbitrability of the dipute, international commercial arbitration, revisions of the arbitral decisions, arbitrator responsibility, draft law of the Ministry of Justice of the Russian Federation, Regulations of the ICC, arbitrability criteria.

Abstract: This article concerns specific features of regulation of social relations in the sphere of transit of energy resources. The author also provides a brief overview of the history of formation of this system of relations starting from 1960s and to the analysis of the drafts and treaties in this sphere at the current stage of development. The author pays special attention to the need for the legitimacy of the definition apparatus, namely, passing an unified definition of energy resources transit. It is noted that use of this term in the current Russian legislation would be of help for resolving the disputes in the energy sphere. In particular, the author analyzes a range of normative legal sources, where the term transit is legislatively provided for and widely used. The author makes a substantiated conclusion on the need to pass an independent Federal Law on the transit of energy resources, which would provide for the definition apparatus and for a legal definition of transit, which would correspond to the needs of Russia as a participant of the transit relations.

Keywords: transit of energy resources, building a gas pipe line, energy, natural gas, freedom of transit, transit traffic, tax levy, Directive of the European Union, Regulation of the European Union, oil and gas.

Abstract: In the situation of growing transborder turnover the mechanisms for securing obligations have a decisive value. The means for securing obligations remain among the least regulated spheres in transborder trade. The most natural way out of this situation is adoption of a single unified act. In practice the application of various unification documents is complicated by the differences in the contents of the main legal institutions. The article provides the study of the use of terminology under the Convention on International Interests in Mobile Equipment within the framework of the Russian law. The author makes a conclusion on the need to interpret the Convention autonomously in accordance with its basic principles. The author points out the inadequacies in the Russian translation of the Convention. He also draws a conclusion on the considerable degree of reception of the concepts of the Anglo-Saxon legal family by the Convention, and the author notes the similarities in the international interest, and secured interest, providing general characteristics of the secured interest as an institution of the real law of England. The article further studies the contents of an international interest. In particular, the author reviews the contracts, mediating the formation of an international guarantee. The author evaluates the main feature of an international interest, providing brief analysis of the means of legal protection, their differentiation depending on the securing deal, as well as a number of accessible measures of influence on the failing party. The author makes a conclusion of the real law nature of an international interest.

Keywords: international interest, mobile equipment, secured interest, insolvency of a debtor, resale right, means of legal protection, real law, legal nature, securing performance of an obligation, securing deals.

Abstract: The article concerns the definition of the “prejudicial effect” as a quality of a judicial act upon its entry into force, according to which the facts established by a judicial act are binding when other cases with the same parties are being adjudicated. Special attention is paid to the prejudicial effect of the decisions of international commercial arbitrations. Based upon the practice of the Supreme Arbitration Court of the Russian Federation (Ruling of the SAC of the Russian Federation N. VAS-17458/11), the author comes to a conclusion that the decisions international commercial arbitrations and the decisions of the state arbitration (commercial) courts have the same legal force according to the interpretation of the SAC of the RF of the Art. III of the New York Convention of 1958. Since the decisions of international commercial arbitrations have equal legal force the article contains a conclusion on the presence of prejudicial force of the decisions of international commercial arbitrations, since prejudicial force is an inalienable quality of a judicial act, which came into force. The conclusion on the presence of the prejudicial force of the decisions of the arbitral tribunal is supported by the reference to the decision of the ECHR in a case of Ates Mimarlik Mühendislik A.S v. Turkey.

Keywords: international commercial arbitration, prejudicial force, the SAC of the Russian Federation, the ECHR, arbitration agreement, legal certainty, arbitration process, s state arbitration courts, the New York Convention, the ad hoc arbitral tribunal.

Abstract: The article is devoted to the issues of revising the decisions of international commercial arbitration. The author studies the provisions of the Russian and foreign doctrines, legislation and the regulations of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation, American Arbitration Association, the Santiago Chamber of Commerce Center for Arbitration and Medication, the Grain and Feed Trade Association (GAFTA), and the Court of Arbitration for Sport (CAS) in Switzerland. The author evaluates the provisions of the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States - International Centre for Settlement Of Investment Disputes (Washington, 18/03/1965), of the Draft Law “On amendments to the Arbitration Procedural Code of the Russian Federation of April 5, 2013, Complex of Measures for the Development of Arbitral Tribunals Proceedings in the Russian Federation”, Draft Federal Law “On Arbitral Tribunals and Arbitration (Arbitration Proceedings) in the Russian Federation of January 17, 2014, providing examples from legislation and in some cases of doctrines and judicial practice of Australia, Austria, Armenia, Belarus, Belgium, the Great Britain, Hungary, Germany, Hong Cong, Georgia, Egypt, Indonesia, Spain, Italy, Kazakhstan, Canada, Latvia, Lithuania, Moldavia, the Netherlands, Peru, Poland, Romania, Singapore, Slovakia, Slovenia, the USA, Thailand, Tunisia, Ukraine, Philippines, France, Croatia, Czech Republic, Switzerland, Sweden, Japan, analyzing the theories of res judicata, functus officio, and double control. As a methodological basis for the studies the author used general scientific methods for the cognition of the objective reality, as well as special methods typical for legal sciences, namely: dialectic, deduction and induction, systemic, comparative (comparative legal), formal legal, etc. The scientific novelty is due to the object of studies and to the conclusions. Based upon the materials, which have been analyzed the author concludes that the establishment of upper instances is a modern tendency in the international commercial arbitration. The practice of revision of the decisions of international commercial tribunals shall facilitate its greater efficiency and lead it to a new level of quality of dealing with transborder disputes.

Keywords: ICC International Court of Arbitration, American Arbitration Association, International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Fe, regulation, appeals, challenging the decision, international commercial arbitration, arbitration tribunal, the Ministry of Justice of the Russian Federation, draft law.

Abstract: The article concerns the issues of legislative regulation of commercial secret information transfer, as well as the grounds for the trans-border transfer of commercial secret information within the system of Russian law and its correlation with the copyright and intellectual property, in particular, with the industrial secret (know-how). The author also studies the nature of rights of the party in possession of commercial secret information and its correlation with the exclusive rights for copyright objects. The author evaluates the issues of legal qualification of a contract for the transborder transfer of commercial secret information, as well as the possibility for the transfer of such information based upon other contracts: license agreement, contract for commercial concession, contract for information services. The author makes a proposition for the amendment of the Federal Law of July 29, 2004 N. 98-FZ “On Commercial Secret” with the provisions for the transborder transfer of commercial secret information.

Keywords: commercial school, transborder transfer, confidentiality, industrial secret, legal qualification, quasi- exclusive rights, contract for trans-border transition, license agreement, commercial concession contract, transborder transfer of information.

Abstract: The article concern analysis of the mechanism of application of the principle of the closest l ink i n a ccordance w ith t he “ damage c omparison” m ethod ( consequential m ethod) o ffered by the American scientist W. Baxter and codified in the Book IV of the Civil Code of Louisiana developed by S. Symeonides. In accordance with the consequential method any act (action or a document) should be evaluated exclusively by its consequences. Consequentialism in the international private law is expressed by choice of applicable law based on consequences of this choice on interests and values of the conflicting laws. The author evaluates the legal factors forming the closest link and substantiates the conclusion that consequential methodology in the international private law limits the autonomy of will and also accumulates both public order reservations (public order reservation and institution of super-imperative norms), and he provides the definition of the closest link.

Keywords: close link, comparative damage, public interests, consequentialism, consequential method, conflict of law regulations, autonomy of will, conflict of laws norm, material norms.

Abstract: In the conditions of the current trans-border commercial turnover the access to financing plays a decisive role, and it makes the security of due performance of obligations especially important. The most efficient means of unification of security transactions is the Convention on International Interests in Mobile Equipment. The article concerns means of qualification of security transactions, the author points out possible contradictions in qualification of security transactions from the standpoint of applicable law. The author also interprets the provisions of Art. 2 of the Convention containing references to the need to apply national law in order to qualify a security transaction as the one providing an international guarantee towards mobile equipment. The author also analyzes the issue of definition apparatus of the Convention with the autonomous qualification of the security transaction. He offers to implement qualification in two stages: based upon the definition apparatus of the Convention (with allows to cover most of the security transaction with due regard to general goals and principles to the Convention) and then based upon the position of the applicable law. The author also points out the need for a reasonable combination of approaches within the qualification procedure and the role of functional approach towards the regulation of security transactions.

Keywords: guarantees of performance of obligations, Capetown Convention, secured interest, international guarantee, qualification, mobile equipment, security transactions, agreement, reservation of the proprietary rights, leasing.

Abstract: The article concerns the definition of objective arbitrability. Based upon the provisions of the federal law the author provides a detailed evaluation of objective arbitrability, such as civil law nature of the dispute, presence of a foreign element in the disputed relations. The author studies the term “commercial enterprise of a party”. She formulates conclusions on arbitrability and non-arbitrability of certain categories of disputes, in particular, the disputes regarding immovable property in the territory of the Russian Federation or the titles to it; property disputes regarding use of subsoil resources; disputes between the participants of stock exchange bidding and their contracting parties; disputes on the authentic market or other price of evaluated object; disputes between suppliers and buyers regarding conclusion, amendment, termination and performance under the state contracts for supply of agricultural products, raw materials and foodstuffs for the state needs; disputes on compensation of harm; disputes between the state and investor based upon the agreement for the production sharing, copyright disputes. The author provides examples from the practice of the state arbitration courts, the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation. Special attention is paid to the disputes regarding legislation on bankruptcy, taxes, corporate disputes, conclusions on arbitrability and non-arbitrability based on the provisions of the Russian doctrine as well as the propositions of the practicing lawyers. The author offers to use the presumption of arbitrability of disputes as a general rule for objective arbitrability.

Keywords: objective arbitrability, objective arbitrability, international commercial arbitration, arbitrability of disputes, arbitrability of dispute, dispute resolution, corporate disputes, fiscal disputes, insolvency disputes, International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Fe

Abstract: Russian law and foreign law have different classification of leasing relations, while the legislation does not provide for the detailed characteristics of general and specific characteristic features of this institution and its types. In most states the leasing Is defined as a type of similar civil law institutions, such as rent, sale by Installments, credit, and it is regulated by general norms as applied to the parties of sale contract, property rental contract, etc. However, when the disputes regarding international leasing come to court, this approach to leasing causes conflicts of qualification and re-qualification of the leasing contracts into other types of contract. The author of this article analyzes and generalizes legislative and judicial regulation of leasing in various states, as well as the unified conventions and doctrine, she defines the general and special elements of leasing, which allow to single it out as an institution and to distinguish it from similar civil law constructions.

Keywords: jurisprudence, leasing, conflict of laws, legal relations, lessor, lessee, supplier, international contract, construction.

Abstract: Both the Russian law and the international treaties on unification of leasing relations recognize the foreign «nationality» of a lessor or a lessee as an element, which allows recognizing a trans-border contract. This article includes analysis of other elements, which allow to recognize leasing as trans-border legal relation, and which connect it to the international legal order, as well as the practical and legal consequences of inclusion of foreign elements into a contract. The author analyzes the following trans-border elements: participation of the foreign seller in a leasing deal; inclusion of the foreign parties into the obligation due to cession or performance of an obligation by a third party. Additionally to the cases of introduction of foreign subjects, the author also discusses the cases when the leasing object is situated in a foreign state, or when the contract is concluded abroad. The conclusions are based upon the judicial practice of the arbitration courts, as well as upon the provisions of the Russian and foreign legislation.

Keywords: jurisprudence, leasing, conflict of laws, legal relations, lesser, lessee, seller, sale of goods, dispute, cession.

Abstract: The development of the international economic relations served as the basis for the formation of informal sources for the regulation of the international commercial relations. The character of such regulators allowed the participants of the international commercial turnover to regulate their relations themselves, and it lead to the appearance of the phenomenon of «self-regulation». The existing concepts fail to provide non-ambiguous response to the question on the nature of the non-formal regulators. Based on the nature of the informal regulation sources, which mostly depend on the participants of the commercial turnover, it is reasonable to call such regulators «self-regulation instruments». Its definition should include the regulators, which are addressed to the participants of the commercial turnover as non-obligatory documents and which are aimed to regulate the commercial relations. The complicated systems of such regulators forms a transnational system of instruments for self-regulation of the international commercial turnover. The static character of the self-regulation instruments fails to reflect upon the process of legal regulation. However, potentially such regulators may gain dynamic features In the contract regulation. Therefore, the system of self-regulation instruments serves as a complement to the mechanism of legal regulation of international commercial turnover.

Keywords: jurisprudence, instruments, self-regulation, contract, lex mercatoria, soft law, sub-law, source, mechanism, regulators.

Keywords: Strakhovanie sudov, perevozki, logistika, vidy riskov, opasnye gruzy.

Keywords: Vsemirnaya torgovaya organizatsiya, pravo VTO, mezhdunarodnaya torgovlya, Urugvaiskii raund, netarifnye mery.

Keywords: Sliyaniya, pogloshcheniya, rossiiskoe pravo, sliyanie putem prisoedineniya, sliyanie putem obrazovaniya novoi kompanii.