Parallel Use of Public and Private Law Mechanisms in Resolution of International Trade Disputes

Ilia Rachkov

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Chapter 21 Parallel Use of Public and Private Law Mechanisms in Resolution of International Trade Disputes

In: Law of International Trade in the Region of the Caucasus, Central Asia and Russia

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Ilia Rachkov

Ilia Rachkov
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Type:: Chapter

Pages:: 370–388

DOI:: https://doi.org/10.1163/9789004357839_023

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Abstract

Resolution of international trade disputes based on agreed upon rules and fair procedures is a common goal of both national and international law. Such disputes may be resolved in fora developed for private disputes as well as in fora of public international law, but the subjects of the disputes may be closely related. The choice of the respective mechanisms (under private or public law) depends on a number of factors. Among them, the most important is which mechanism allows for protecting the rights and legitimate interests most efficiently. Often companies use public and private law mechanisms in conjunction, i.e. simultaneously or consecutively. The chapter explores the possibilities of using of public and private law mechanisms in respect of trade disputes in the Eurasian region.

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Law of International Trade in the Region of the Caucasus, Central Asia and Russia

Public International Law, Private Law, Dispute Settlement

Series: Nijhoff International Trade Law Series, Volume: 20

Cover Law of International Trade in the Region of the Caucasus, Central Asia and Russia

E-Book ISBN:: 9789004357839

Publisher:: Brill | Nijhoff

Print Publication Date:: 05 Dec 2022

Subjects
- International Law
  - International Law: Regional Perspectives
  - International Commercial, Trade & Investment Law

Front Matter

Part 1 The Perspective of Public International Law

Section 1 Regional Economic Integration

Section 2 WTO Norms in the Context of the EAEU and Its Member States

Section 3 Selected Aspects of International Trade in the Region

Section 4 Environmental Issues

Part 2 The Perspective of Private Law

Part 3 Settlement of International Trade Disputes

Section 1 Dispute Settlement under Public International Law

Section 2 Dispute Resolution under Private Law

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Chapter 21 Parallel Use of Public and Private Law Mechanisms in Resolution of International Trade Disputes

Abstract

Citation Info

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Law of International Trade in the Region of the Caucasus, Central Asia and Russia

Public International Law, Private Law, Dispute Settlement

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