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Monograph "ARBITRATION AGREEMENT: theoretical and practical aspects" by Markian Malskyy has been published
ARZINGER LAW FIRM,
Kyiv, Ukraine, October 4, 2013
Markian Malskyy, Dr. jur., Partner, Head of the West Ukrainian Branch, Headof the Alternative Dispute Resolution Practice at Arzinger Law Office, haspublished his monograph "Arbitration Agreement: theoretical and practicalaspects". The topic of the book bears special significance amid Europeanintegration of Ukraine into the global community and was inspired by the searchfor effective mechanisms of regulation of economic relations based oncommercial disputes.
Despite the availability of many mechanisms of dispute resolution asalternative to judicial methods, the international commercial arbitration isthe most formalized and widely applied modern method of dispute resolution witha foreign element. As Markian Malskyy notes, today the arbitration procedurecan be hardly imagined without an arbitration agreement the main goal of whichis to agree on the procedure of referring the dispute to the arbitration and todetermine the procedure of the dispute resolution. However, one shall notforget that there are many details to be considered by conclusion of anyarbitration agreement which, if ignored, may result in impossibility ofreferring the case to, or its further consideration at, the internationalcommercial arbitration.
The monograph deals with theoretical and practical aspects of an arbitrationagreement. The first chapter focuses on the historical development, as theconcept of arbitration agreement goes back many centuries. The book outlinesfive stages of establishment, follows the genesis of the law on the arbitrationagreement and analyses its legal nature.
The monograph analyses the notion, types and the procedure for conclusion ofthe arbitration agreement. It researches, in particular, different theories ofthe legal nature of the arbitration agreement, namely, the"contractual", "procedural" and "mixed". It alsospecifies details of the legal status of parties to the arbitration agreement;examines legal consequences of breach or rescission of the arbitration agreement;analyses the current legislation of Ukraine as to regulation of arbitrationagreements; compares the national legislation with foreign laws and formulatespropositions directed at improvement of the current legislation. This issueoffers both practical advice and scientific and theoretical conclusions oncomplex improvement of drafting and application of arbitration agreements.
This monograph research is one of the original national researches on thearbitration agreement remarkable for its sound analysis of both national andforeign court and arbitration practices.
According to Timur Bondaryev, Managing Partner at Arzinger Law Office, thebook combines the practical experience on dispute resolution at theinternational foreign arbitration with solid theoretical groundwork. "Thisbook may be interesting and useful for both scientists and practicing lawyers.I am sure that it will facilitate promotion and increase of knowledge about theinternational commercial arbitration and will spark the scientific andpractical interest of legal communities", says Mr Bondaryev.
On his part the author comments: "I hope that this book will facilitatethe understanding of the international commercial arbitration as a modern andeffective dispute resolution mechanism".