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| Article title | National Court as a Protector of Binding Arbitration Agreement Considering the Claim on Essence of a Dispute |
| Authors |
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| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 12/2014 |
| Сторінки | [65-72] |
| Annotation | In the article the basic provisions on binding arbitration agreement are stated, namely: the right of the parties to free conclusion of arbitration agreement and obligations to comply with its terms are distinguished; the conditions under which a national court shall refer the parties to arbitration are specified; fundamental differences in legal regulation of binding arbitration agreement in the Commercial Code and Code of Civil Procedure of Ukraine are identified; the case law on the issue is analyzed. |
| Keywords | international arbitration, constitutional grounds for arbitration, arbitration agreement, binding arbitration agreement, invalidity of arbitration agreement, UNCITRAL Model Law, the New York Convention, the European Convention. |
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