Trade agreements, digital development and international commercial arbitration

被引:0
|
作者
Nahnybida, Volodymyr [1 ,2 ]
Bilousov, Yurii [1 ,2 ]
Bliakharskyi, Yaroslav [2 ,3 ]
Boiarskyi, Ievgen [2 ]
Ishchuk, Anatolii [1 ,2 ]
机构
[1] Natl Acad Legal Sci Ukraine, Sci Lab, Kiev, Ukraine
[2] Natl Acad Legal Sci Ukraine, FH Burchak Sci Res Inst, Kiev, Ukraine
[3] Leonid Yuzkov Khmelnytskyi Univ Management & Law, Khmelnytskyi, Ukraine
来源
CUESTIONES POLITICAS | 2022年 / 40卷 / 74期
关键词
e-commerce agreements; development contracts; international commercial arbitration; arbitration clause; digital development;
D O I
10.46398/cuestpol.4074.08
中图分类号
D0 [政治学、政治理论];
学科分类号
0302 ; 030201 ;
摘要
The purpose of the article was to study the problems that arise during the settlement of disputes in the order of international commercial arbitration. The article used general scientific (dialectic, analysis and synthesis) and special legal (comparative legal, formal-logical, systemic, hermeneutic, axiological) methods. In the results of the research, it was established that the characteristic features of electronic development contracts in international trade are: electronic forms of conclusion of pre-contractual and contractual communication, making amendments and additions to the contract. Taking into account the features that accompany the chosen form of contracting prevails the need to refer to the provisions of the applicable legislation on tax and customs legislation and protection of personal data, etc. The conclusions state that the main problems in the resolution of disputes arising from e-commerce contracts, in international commercial arbitration, are the issues of requirements and validity of the arbitration clauses contained in such contracts, the importance of the agreements reached in the pre-contractual stage in the subsequent resolution of disputes between the parties and the problems of proof arising from the peculiarities of entering into relevant contracts.
引用
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页码:160 / 177
页数:18
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