Alternative Methods of Judging Economic Conflicts in the National Positive and Soft Law (ePub)

The monograph explores general provisions, theoretical economic and legal bases and all practical tools for alternative methods of judging economic conflicts. The dynamics of modern business at the new stage of economic development in the 21st century is accompanied by the emergence of various kinds of economic conflicts between business entities, and this is the reason for the need to resolve them. Inclusion of a number of alternative methods in the Russian legislation and economic practice is very actual and occurs with the perception of the positive experience of foreign countries. These methods of judging economic conflicts penetrated the Russian business environment in the process of interaction between subjects of the Russian business community with foreign investors and businessmen.

A new scientific result is the classification developed by the authors of methods for judging economic conflicts. Classification is based on the principle of dichotomy, based on the criterion of legislative fixation of methods for judging economic conflicts, and forms two 'branches'. The first branch - methods of judging economic conflicts, regulated by a positive law: mediation, arbitration court, international commercial arbitration, claim procedure. The second branch is non-jurisdictional methods, regulated by soft law: 'med-arb', 'mini court', judge 'for hire', financial ombudsman, discussion. This classification predetermined the need for a consistent examination of the nature of each type of alternative methods of judging economic conflicts, based on its attribution to a specific group of jurisdictional and alternative mechanisms.