Некоторые проблемы применения примирительных процедур при разрешении корпоративных споров, осложненных иностранным элементом

Abstract

The article describes the perspectives for using mediation to resolve corporate disputes complicated by a foreign element, when it is necessary to resolve possible conflicts by reaching consensus between the parties. When using conciliation procedures, one should consider different states of the relevant national legislation and regional international agreements, and also take into account not only the interests and interpretation of the problem situation from the position of the participant – the party to the dispute, but also the legislative regulation based on the current legal framework. One problematic issue in this area is the existence of several legal approaches. Cooperation is often complicated by the likelihood of a negative outcome. Conflicts of interest can lead to unwanted consequences. One of the most effective ways for settling conflicts is the use of conciliation procedures: negotiations, mediation, mediation and judicial conciliation, as well as other procedures that do not contradict the current legislation. In general, mediation is seen as a flexible process that supports the autonomy of the parties, legal and non- legal approaches to problem solving and creative individual solutions. In addition, the issue of choosing conciliation procedure for resolving a dispute can be resolved by participants in corporate relations even before the conflict arises by fixing a mediation clause in the local documents of the organization.