THEORY AND PRACTICE OF INTERNATIONAL COMMERCIAL ARBITRATION TO PROTECT THE RIGHTS OF ENTREPRENEURS

Abstract

The article provides a theoretical and legal analysis of the genesis, regulatory basis of the International Commercial Arbitration at the Chamber of Commerce and Industry of Ukraine in the direction of settling commercial disputes between businesses from different countries. Based on international agreements, which are part of the national legislation of Ukraine, the theoretical and legal author s investigation of the essence and significance of interstate instruments in the field of pre-trial settlement of trade disputes. Using the norms of current international trade law, as well as in view of numerous scientific studies in this field, the author presents different conclusions that may form the basis for improving existing regulations of Ukraine, especially the Laws of Ukraine On Foreign Economic Activity and International Commercial arbitration . Due to a thorough economic and legal analysis of key concepts, such as arbitration , arbitration agreement , international arbitration , commercial arbitration , etc., the author s approach to the application of current legislation in the field of legal protection of rights and legally protected interests management. Particular attention is paid to those international legal instruments for settling economic disputes that best meet the interests of the domestic economy. The essence of autonomous, mixed contractual and procedural scientific theories on the legal essence of international commercial arbitration is analyzed, and their imperative filling with those legitimate instruments of coercion which are applied to violators of international commercial law and other normative legal acts which regulate legal relations is investigated. Particular attention is paid to the coverage of scientific and practical framing of issues related to the implementation of positive international and European experience in the legislation of Ukraine, primarily on the pre-trial settlement of commercial disputes.