EXPERT PROCEDURE AS A TYPE OF ALTERNATIVE PRE-ARBITRATION PROCEDURE

EXPERT PROCEDURE AS A TYPE OF ALTERNATIVE PRE-ARBITRATION PROCEDURE

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Cross-border proceedings of business entities have become an important part of the foreign economic activity of companies.In this regard, the parties, taking into account the nature of the relationship between them, the features of the concluded contract, construct an arbitration agreement in advance, which helps the parties to resolve the dispute.Business entities are increasingly turning to alternative dispute resolution procedures that meet such principles as speed, efficiency and cost minimization.One of the possible arbitration procedures is the procedure of expert trial.

The main goal of this study is to review the expert litigation procedure administered by the international center of the International Chamber of Commerce (hereinafter - ICC) for alternative dispute resolution (hereinafter - ADR), as well as its relationship with the arbitration procedure.This procedure has its own characteristics, which are revealed as advantages or disadvantages.In connection with click here the growing interest in pre-arbitration procedures, the author, within the framework of the study, considered problems related to the shortcomings of expert proceedings as a type of lochby venture pouch pre-arbitration procedure.The study used general scientific methods: dialectical, logical, functional, analysis and synthesis, also used special methods: comparative legal, logical and legal.

The work used the scientific works of Russian scientists on this topic, as well as materials from the International Chamber of Commerce, the American Arbitration Association, and consulting companies.The study concluded that in order to effectively meet the needs of the parties to quickly and efficiently resolve the dispute, it is necessary to understand the differences between dispute resolution options, in particular alternative prearbitration procedures.The effectiveness of using the expert trial procedure depends on the competent settlement of all issues related to it in the contract, and in particular, the question of the relationship of this procedure with the procedure of international commercial arbitration.