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Dispute Resolution Mechanisms

Essay by   •  April 13, 2013  •  Research Paper  •  3,128 Words (13 Pages)  •  1,086 Views

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Nowadays the international commercial arbitration is demanded because it delivers advantages neutral in political and procedural sense of body for settlement of dispute. The arbitration is registered as a universal method of permission of the international economic disputes. Its value thoroughly raised just during the period when international trade started developing.

Any country without addiction is interested in development of arbitral proceeding. It is necessary to notice that it is defined by numerous advantages of the arbitration court which are rather in detail described in special literature which is devoted to arbitration legal proceedings, and are approved in jurisdictional practice of many states.

It is expedient to note that among conventional pluses of the developed system of arbitration legal proceedings, that fact that load of the state courts is essentially diminished takes not the last place, and also at the expense of a smaller formalism in procedures process of permission of collisions that is extremely important for a commercial turn is accelerated.

The increase in popularity of the international commercial arbitration is connected with considerable benefits and advantages, which in the similar way of consideration and settlement of disputes gives to the parties of the external economic transactions.

Let's note that speech mainly goes about much more active role of the parties in the procedure of arbitration legal proceedings:

a) the parties have the right to appoint arbitrators, thereby submitting dispute to persons who, according to the parties, are most competent in the field;

b) the absolute number of standards of the national legal systems regulating arbitration, has the dispositive character allowing the parties to replace rules containing in its norms of arbitration.

Objectivity of process of internationalization of modern world economy causes of the newest level of multilateral economic relationship, namely the strengthened basis of infrastructures, which provide dynamic and forward development of the market.

It is expedient to note that at the moment the world economy the increasing part wins lines of a uniform organism outside which cannot any state with market economy is ordinary to work.

The governments of the various states accept different criteria for regulation of international trade and functioning of foreign firms in the market of own countries.

Expediency of state regulation of foreign economic activity is identified in the economic concept and certified by practice of managing of industrially developed and latest industrial states. State regulation of foreign trade activities is extensively used in the world. It plays a role of system of measures of the legislative, executive and supervising character in circumstances of a market economy, requested to improve foreign trade activities in interest of national economy. The real measures are implemented competent public institutions and public organizations.

Function of state regulation, mainly, finds development of concepts of foreign trade activities. The strategy is a joint plan of production of the external economic sphere of action, connecting finding of the purposes of development, tasks, the directions of achievement of results and effectiveness of the specified sphere. Development of the doctrine includes attribute of the external economic policy for the present period of development taking into account characteristic conditions of internal development, and also the international economic environment.

Internal and external circumstances are always defined in two ways to the external economic policy: freedom of trade and protectionism. It is necessary to notice that the freedom of trade is freedom at decision-making on problems of foreign trade in businessmen in the state, and unlimited access on the national markets of foreign goods. It is necessary to notice that the protectionism defines state intervention in external economic, as well in foreign trade activity, an embodiment in life of various restrictions of rather foreign goods for support of national production. Always and in all states approach data at the same time exist, their ratio, prevalence of one or others is unequal only that too is caused by internal and external circumstances.

In present conditions the external economic policy is the organization of actions of the government oriented on the most favorable formation of scientific and technical, economic, production and other relations with the foreign states, deepening and expansion of participation of the state in world trade for the solution of strategic problems of its social and economic development.

The external economic policy will settle foreign trade, the currency and credit relations, foreign investments, transfer of the last technologies and labor migration. The organization of the external economic policy is affected by multinational corporations, associations of representatives of the capital (national associations of industrialists, branch associations of businessmen), small and medium business, trade boards and other public associations.

In industrially developed states the state regulation machinery connecting the directions, the purposes, the principles, tasks, organizational structures was created. It is expedient to note that the present external economic policy is implemented by means of a number of the ways supervising and stimulating foreign trade.

State regulation of foreign economic activity has at the order a certain specifics in comparison with regulation of other spheres of national economy. It is necessary to notice that the true specifics are defined by need of any country to be conformed with the international norms and the principles of world trade. Each country at regulation of foreign economic activity for its development, growth of efficiency of economy, execution of own national interests should not infringe upon interests of other states and has to work within those rules which are created by the international organizations (GATT, UNCTAD, the WTO, the World customs Organization, etc.).

It is expedient to note that limits of the state regulation of foreign trade activities are caused, on the one hand, by need of expansion of national export and formation of forms of the international cooperation, and with another - installations of the international organizations.

It is necessary to notice that it is not so simple as the subject of regulation of foreign trade activities finds:

* implementation of various organizational measures for consolidation of positions of national exporters in the world markets;

* stimulation



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