Віртуальний арбітражний розгляд: дискреція арбітражу чи право сторін?
Virtual Arbitration Hearing: Arbitrator’s Discretion or the Right of the Parties?

Summary/Abstract: The relevance of the research topic is due to the fact that international commercial arbitration is currently one of the most effective ways to resolve disputes complicated by a foreign element. Parties to a dispute, preferring arbitration, want to get a result as soon as possible. This is achieved because the parties to the arbitration proceedings themselves are endowed with an arsenal of rights that are not inherent in national courts: the right to choose a particular arbitration, the composition of the arbitral tribunal, and the law to be applied in the dispute. This is a manifestation of the "autonomy of will" of the parties to the dispute. Despite such a broad scope, some powers of the arbitral tribunal, which is chosen by the parties, cannot be limited. The purpose of the article is to study the peculiarities of discretionary powers of international commercial arbitration, which, although regulated by national arbitration laws and rules, may sometimes contradict the fundamental principles and standards of effective arbitration. One of such powers is the right to determine the format of arbitration hearings, since it is by exercising this right that the arbitral tribunal may make its own decision without taking into account the opinions of the parties to the dispute. The study uses theoretical and empirical methods of scientific knowledge. The author analyses a significant body of arbitration legislation, rules and law enforcement practice of national courts with regard to the possibility of defining a virtual hearing as the most efficient format for hearing a case. Particular attention is paid to the imperfection of Ukrainian legislative regulation and the lack of a unified established judicial practice on these issues. Based on the study, the author draws conclusions and proposes to eliminate the shortcomings in the legal consolidation of such definitional constructs as "hearing" and "oral hearing".

• Details
• Contents