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Monograph "ARBITRATION AGREEMENT: theoretical and practical aspects" by Markian Malskyy has been published
ARZINGER LAW FIRM
Kyiv, Ukraine, October 04, 2013
Markian Malskyy, Dr. jur., Partner, Head of the West Ukrainian Branch, Head of the Alternative Dispute Resolution Practice at Arzinger Law Office, has published his monograph "Arbitration Agreement: theoretical and practical aspects". The topic of the book bears special significance amid European integration of Ukraine into the global community and was inspired by the search for effective mechanisms of regulation of economic relations based on commercial disputes.
Despite the availability of many mechanisms of dispute resolution as alternative to judicial methods, the international commercial arbitration is the most formalized and widely applied modern method of dispute resolution with a foreign element. As Markian Malskyy notes, today the arbitration procedure can be hardly imagined without an arbitration agreement the main goal of which is to agree on the procedure of referring the dispute to the arbitration and to determine the procedure of the dispute resolution. However, one shall not forget that there are many details to be considered by conclusion of any arbitration agreement which, if ignored, may result in impossibility of referring the case to, or its further consideration at, the international commercial arbitration.
The monograph deals with theoretical and practical aspects of an arbitration agreement. The first chapter focuses on the historical development, as the concept of arbitration agreement goes back many centuries. The book outlines five stages of establishment, follows the genesis of the law on the arbitration agreement and analyses its legal nature.
The monograph analyses the notion, types and the procedure for conclusion of the arbitration agreement. It researches, in particular, different theories of the legal nature of the arbitration agreement, namely, the "contractual", "procedural" and "mixed". It also specifies 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 arbitration agreements; compares the national legislation with foreign laws and formulates propositions directed at improvement of the current legislation. This issue offers both practical advice and scientific and theoretical conclusions on complex improvement of drafting and application of arbitration agreements.
This monograph research is one of the original national researches on the arbitration agreement remarkable for its sound analysis of both national and foreign court and arbitration practices.
According to Timur Bondaryev, Managing Partner at Arzinger Law Office, the book combines the practical experience on dispute resolution at the international foreign arbitration with solid theoretical groundwork. "This book may be interesting and useful for both scientists and practicing lawyers. I am sure that it will facilitate promotion and increase of knowledge about the international commercial arbitration and will spark the scientific and practical interest of legal communities", says Mr Bondaryev.
On his part the author comments: "I hope that this book will facilitate the understanding of the international commercial arbitration as a modern and effective dispute resolution mechanism".