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Alternative Methods of Judging Economic Conflicts in the National Positive and Soft Law

Edited by:
Agnessa O. Inshakova, Volgograd State University
Aleksei V. Bogoviz, National Research University “Higher School of Economics”, Moscow, Russia

A volume in the series: Advances in Research on Russian Business and Management. Editor(s): Elena G. Popkova, Moscow State Institute of International Relations, Moscow, Russia.

Published 2020

The monograph explores general provisions, theoretical economic and legal bases and all practical tools for alternative methods of judging economic conflicts. The dynamics of modern business at the new stage of economic development in the 21st century is accompanied by the emergence of various kinds of economic conflicts between business entities, and this is the reason for the need to resolve them. Inclusion of a number of alternative methods in the Russian legislation and economic practice is very actual and occurs with the perception of the positive experience of foreign countries. These methods of judging economic conflicts penetrated the Russian business environment in the process of interaction between subjects of the Russian business community with foreign investors and businessmen.

A new scientific result is the classification developed by the authors of methods for judging economic conflicts. Classification is based on the principle of dichotomy, based on the criterion of legislative fixation of methods for judging economic conflicts, and forms two "branches". The first branch - methods of judging economic conflicts, regulated by a positive law: mediation, arbitration court, international commercial arbitration, claim procedure. The second branch is non-jurisdictional methods, regulated by soft law: "med-arb", "mini court", judge "for hire", financial ombudsman, discussion. This classification predetermined the need for a consistent examination of the nature of each type of alternative methods of judging economic conflicts, based on its attribution to a specific group of jurisdictional and alternative mechanisms.

CONTENTS
Preface, Agnessa O. Inshakova, Aleksei V. Bogoviz, and Elena G. Popkova. PART I: ALTERNATIVE METHODS OF JUDGING ECONOMIC CONFLICTS ARISING IN THE DIFFERENT FORMS OF INTERACTION OF ECONOMIC SUBJECTS. Causal Relations of the Origin of Conflicts in B2C Markets and Methods for Their Judging, Aleksei V. Bogoviz, Mikhail Y. Zakharov, Tatiana M. Rogulenko, Svetlana V. Ponomareva and Vladimir S. Osipov. Conflicts in B2B Markets and Alternative Methods of Their Judging, Aleksei V. Bogoviz, Vladimir S. Osipov, Daniil M. Pimenov, Valentina M. Mironenko and Inna S. Kamaykina. Available Methods of Judging Conflicts in B2G, G2B, and G2C Markets in Modern Russia, Aleksei V. Bogoviz, Petr N. Afonin, Siradzheddin N. Gamidullaev, Marina N. Rudenko, and Yaroslav N. Vorontsov. PART II: ALTERNATIVE METHODS OF RESOLVING ECONOMIC CONFLICTS BETWEEN PARTICIPANTS OF THE INTEGRATED ECONOMIC STRUCTURES. Alternative Methods of Resolving Conflicts in Mergers and Acquisitions, Ekaterina A. Orlova, Evgeniya V. Vikulina, Anna V. Bodyako, Irina V. Bardina and Valentina M. Mironenko. Special Methodology for Resolution of Conflicts between Participants of Technology Parks and Innovation Networks, Alexander E. Suglobov, Irina P. Drachena, Elena E. Tolikova, Tatyana I. Rudakova, and Dmitry M. Manyshin. Conflicts between Participants of Clusters and Special Economic Zones and Methods of Their Resolution, Alexander E. Suglobov, Oleg G. Karpovich, Valentina V. Kurnosova, Alexander A. Podrezov, and Camila I. Weisman. PART III: ACTUALIZATION OF THE ALTERNATIVE METHODS OF JUDGING INTERNATIONAL ECONOMIC CONFLICTS IN THE CONDITIONS OF GLOBALIZATION. Accession to the WTO as a Way of Gaining Access to a Highly Effective Methodology for Judging International Economic Conflicts, Svetlana V. Lobova, Aleksei V. Bogoviz, Zoia V. Chebotareva, Nodari D. Eriashvili and Nadezhda S. Ivanchenko. Methodology for Judging Conflicts Arising in International Mergers and Acquisitions, Aleksei V. Bogoviz, Margarita V. Melnik, Natalia V. Lashchinskaya, Svetlana V. Lobova, and Elena A. Shevereva. Methodology for Judging Conflicts between the Transnational Economic Clusters Participants, Aleksei V. Bogoviz, Pavel L. Chernov, Sergey V. Muzalev, Larisa V. Zhdanova, and Arsen S. Abdulkadyrov. PART IV: EVOLUTION OF THE ALTERNATIVE METHODS OF JUDGING ECONOMIC CONFLICTS IN RUSSIA AND ABROAD: DEVELOPMENT FACTORS AND MODERNIZATION PROCESSES. Prerequisites for the Development and Popularization of Alternative Methods of Resolving Economic Conflicts, Agnessa O. Inshakova, Alexander I. Goncharov, Elena I. Inshakova, and Irina A. Stepanova. Peculiarities of the Perception of Alternative Methods of Resolving Conflicts in the Business Environment of Property Turnover in the Russian Federation, Alla E. Kalinina, Agnessa O. Inshakova, Irina A. Stepanova, Andrey N. Sadkov. Digital Technologies for Alternative Methods of Resolving Conflicts: The Prospects of Application in Russia and Other BRICS Countries, Agnessa O. Inshakova, Alexander I. Goncharov, Elena I. Inshakova, Yuliya A. Tumchuk. Formation of the Basis for Positive Regulation of Alternative Methods of Resolving Conflicts in the Russian Federation, Agnessa O. Inshakova, Iolanta V. Baltutite, Irina A. Stepanova, Andrey N. Sadkov. PART V: ALTERNATIVE METHODS OF JUDGING ECONOMIC CONFLICTS REGULATED BY POSITIVE LAW. Pretense Procedure for Settlement of Conflicts: Legislation and Law Enforcement Activities, Agnessa O. Inshakova, Yulia G. Leskova, Igor B. Ilovaysky, Irina A. Stepanova. Arbitral Proceedings: Legislation and Law Enforcement, Agnessa O. Inshakova, Lyudmila A. Chegovadze, Iolanta V. Baltutite, Irina A. Stepanova. Mediation: Legislation and Law Enforcement Activities, Agnessa O. Inshakova, Alexander I. Goncharov, Tatiana V. Deryugina, Irina A. Stepanova. International Commercial Arbitration: Legislation and Law Enforcement, Agnessa O. Inshakova, Igor B. Ilovaysky, Svetlana Yu. Kazachenok, Irina A. Stepanova. PART VI: ALTERNATIVE METHODS OF JUDGING ECONOMIC CONFLICTS REGULATED BY SOFT LAW. Med-arb: Concept, Features of Regulation, and Prospects for Law Enforcement, Agnessa O. Inshakova, Alexander I. Goncharov, Svetlana Yu Kazachenok, and Maxim V. Sevost’yanov. “Mini-Court”: Features of the Regulation and Prospects for Law Enforcement, Agnessa O. Inshakova, Evgenya E. Frolova, Svetlana Yu Kazachenok, Peter M. Filippov. ”Judge in Rent”: Features of Regulation and Prospects for Law Enforcement, Agnessa O. Inshakova, Alla E. Kalinina, Svetlana Yu. Kazachenok, Ksenia V. Shubenkova. Financial Ombudsman: Features of Regulation and Prospects for Law Enforcement, Vasiliy V. Tarakanov, Agnessa O. Inshakova, Evgenya E. Frolova, Svetlana Yu. Kazachenok. Negotiation: Features of Regulation and Prospects for Law Enforcement, Agnessa O. Inshakova, Vladimira V. Dolinskaya, Alexander I. Goncharov, Viktoria A. Sandalova. Book Summary, Agnessa O. Inshakova and Alexander I. Goncharov.

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