THE SOVIET UNION’S APPROA CH TO ARBITRATION AND ITS ENDURING INFLUENCE UPON ARBITRATION IN THE FORMER SOVIET SPACE
This article seeks to explain the enduring effect of the Soviet Union and its founding principles upon arbitration in the former Soviet space. It does so by reference to the Soviet Union’s attitude towards – and contribution to – the development of arbitration, analysed in three stages: pre- 1917, post-1917 and in the post-Soviet space. As part of that analysis the article considers what rights were being arbitrated in the absence of private rights that would otherwise be readily recognisable within an overtly capitalist jurisdiction. After analysing the Bolsheviks’ attitude to arbitration, the article seeks to explain that a by-product of the distinctive goals of the USSR was a focus on arbitration as a mechanism for dispute resolution and to demonstrate how arbitration was a necessary component of the Soviet economy, developing as a tool through the arbitrazh tribunals and Moscow Convention 1972, both of which led to a two-track system which encouraged international arbitration but downplayed its significance at the domestic level. The article then seeks to explain the impact of the Soviet Union’s approach to commercial arbitration upon modern arbitration in the post-Soviet space. A study of Russia, the CIS and the former Republics demonstrates the lasting impact of Soviet theory and practice on the post-Soviet arbitral environment.
About the AuthorPAUL FISHER
Barrister in England and Wales
(4 New Square, Lincoln’s Inn, London, WC2A 3RJ, United Kingdom)
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For citation: FISHER P. THE SOVIET UNION’S APPROA CH TO ARBITRATION AND ITS ENDURING INFLUENCE UPON ARBITRATION IN THE FORMER SOVIET SPACE. Russian Law Journal. 2017;5(4):129-150. https://doi.org/10.17589/2309-8678-2017-5-4-129-150
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