Matters of jurisdiction of disputes in the sphere of investment arbitration

Investment arbitration is a separate branch of commercial arbitration designed to settle disputes on legal re-lations in the field of investment and investment. As a rule, the parties to these disputes belong to different states and different legal systems. Consequently, investment disputes, in most cases, are subject to international rather than national commercial arbitration. The purpose of the study is to analyze the matters of jurisdiction of dis-putes of economic turnover subjects to arbitration courts in the sphere of investment arbitration and the compe-tence of arbitration institutions to consider these types of disputes. Arbitration of the aforementioned disputes has its original peculiarities that allow to assert the sectoral nature of investment arbitration. The institute of commercial arbitration as a means of settlement of investment disputes is also quite developed and demanded in the world legal and economic systems. Investment activity of business entities is widespread in the modern economy and requires different ways of settling possible disputes and conflicts. This publication studies legal is-sues of arbitrability of disputes, in general, and certain types of disputes in the sphere of investment legal rela-tions, in particular. Conclusions are made about the main advantages and disadvantages of legal regulation of the institute of investment arbitration in modern law.

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Publication Details

Journal
Current Issues of the State and Law
Published
2025-01-01
DOI
https://doi.org/10.20310/10.20310/2587-9340-2025-9-2-256-264
Primary Topic
International Arbitration and Investment Law
Type
article
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article

Matters of jurisdiction of disputes in the sphere of investment arbitration

Vladimir A. Gavrilenko, Anna B. Gavkalyuk
Current Issues of the State and Law
International Arbitration and Investment Law
article

Matters of jurisdiction of disputes in the sphere of investment arbitration

Vladimir A. Gavrilenko, Anna B. Gavkalyuk
article en

Abstract

Investment arbitration is a separate branch of commercial arbitration designed to settle disputes on legal re-lations in the field of investment and investment. As a rule, the parties to these disputes belong to different states and different legal systems. Consequently, investment disputes, in most cases, are subject to international rather than national commercial arbitration. The purpose of the study is to analyze the matters of jurisdiction of dis-putes of economic turnover subjects to arbitration courts in the sphere of investment arbitration and the compe-tence of arbitration institutions to consider these types of disputes. Arbitration of the aforementioned disputes has its original peculiarities that allow to assert the sectoral nature of investment arbitration. The institute of commercial arbitration as a means of settlement of investment disputes is also quite developed and demanded in the world legal and economic systems. Investment activity of business entities is widespread in the modern economy and requires different ways of settling possible disputes and conflicts. This publication studies legal is-sues of arbitrability of disputes, in general, and certain types of disputes in the sphere of investment legal rela-tions, in particular. Conclusions are made about the main advantages and disadvantages of legal regulation of the institute of investment arbitration in modern law.

Current Issues of the State and Law
National Research University Higher School of Economics (RU), Yaroslav-the-Wise Novgorod State University (RU)
Openalex Percentile: Top 78%
International Arbitration and Investment Law
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