The Genesis of Arbitration Laws and International Commercial Arbitration

Abstract

The article presents the historical development of arbitration law and international commercial arbitration. Arbitration, as one of the oldest institutes of alternative litigation, has repeatedly undergone fundamental changes regarding the procedure for its appointment, forms of exercise and the very subjects of litigation. The study of the periods of historical and legal formation of arbitration and arbitration courts in the territory of modern Ukraine made it possible to identify the basic prerequisites for the creation of such institutions, to determine the role of the state and the degree of participation of civil society in this long process. The peculiarities of expert support at each of the periods of historical and legal formation of arbitration and arbitration courts in the territory of modern Ukraine are indicated.
 The formation of arbitral tribunals, as a form of resolution of legal conflicts, to some extent prevented the strengthening of centralized power, in particular the judiciary, the state could not coexist with a strong private jurisdiction that competed with the state judicial system.
 The establishment of arbitral tribunals in the territory of modern Ukraine, as a modern toolkit for the implementation of alternative forms of justice, is a consequence of the long historical and legal development of the state and society, which was in some way influenced by a set of factors such as: the over-formalization of the judiciary (which often prevented the imposition of ); Western democracy (which accelerated the government's desire to reform and legislate democratic foundations); and certainly the ongoing development of civil society.
 With the adoption of the Law of Ukraine “On Arbitration Courts” by the Verkhovna Rada of Ukraine on May 11, 2004, for the purpose of the correct resolution of the dispute, the procedure for conducting expert examination was clarified for the first time to clarify issues requiring the use of special knowledge by an arbitral tribunal as an institution, as an appropriate non-state independent body. .
 The use of alternative ways of resolving disputes is increasingly controversial in modern legal science. However, Ukraine's legal field allows alternative institutions to operate in accordance with international standards. The approaches to proving and assigning expertise in international arbitration practice vary, depending on the legal culture.