Международный коммерческий арбитраж: верификация теории делокализации в эпоху санкций

Abstract

The article deals with theoretical approaches to determining the essence of international commercial arbitration through the study of the concept of delocalization. The purpose of the study is to substantiate the hypothesis that the principle of delocalization of arbitration operates even in the face of hostile sanctions restrictions, although it is influenced by the international agenda. The practical task is to analyze the rules of international arbitration centers organizing cross-border arbitration and identify the jurisdiction of an arbitration center that can optimally guarantee a fair and qualified consideration of a dispute with the participation of Russian entrepreneurs. The relevance of scientific research in the field of delocalization of international arbitration is due to their practical significance. As a result of the study, the conclusion is substantiated that in the current unfavorable conditions of political and legal instability, Russian entrepreneurs are recommended the jurisdiction of the Hong Kong International Arbitration Center (hereinafter — HKIAC).