37. Uncitral Arbitration Rules (1976)

UNCITRAL arbitration rules are adopted by the General Assembly on December 15, 1976 and are recommended by UNCITRAL to be used in the settlement of disputes arising in the context of international commercial relations, particularly by reference to the Arbitration Rules in commercial contracts. Where the parties to a contract have agreed in writing that disputes in relation to that contract shall be referred to arbitration under the UNCITRAL Arbitration Rules, then such disputes shall be settled in accordance with these Rules subject to such modification as the parties may agree in writing

38. Icc arbitration rules and arbitration clause

Rules of Arbitration issued by ICC are in force as from 1 January 1998 with cost of arbitration scales effective as of 1 May 2010.It is recommended that all parties wishing to make reference to ICC arbitration in their contracts use the following standard clause.Parties are reminded that it may be desirable for them to stipulate in the arbitration clause itself the law governing the contract, the number of arbitrators and the place and language of the arbitration. The parties’ free choice of the law governing the contract and of the place and language of the arbitration is not limited by the ICC Rules of Arbitration. Attention is called to the fact that the laws of certain countries require that parties to contracts expressly accept arbitration clauses, sometimes in a precise and particular manner.“All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.”

39. Doctrines of Ukrainian and Russian legal science about the international commercial law as a discipline

The complex nature of this discipline naturally resulted in acute discussions between academic researches in Ukraine and Russian legal schools –how to classify this discipline and whether it is in a domain of public law (law between states), national private law or isn’t a separate discipline at all but combination of the different branches of legal doctrines – public, private and international public\economic disciplines.

To sum up these discussions, here are the main approaches towards the international commercial law as a discipline:

1. International commercial law is a part of international economic law, i.e. pubilc law (Russian academic researchers Tunkin, Boguslavskij and Feldman)

2. International commercial law does not exist as a separate discipline but only as a part of international private law. Traditionally the academic courses of international private law in Ukrainian and Russian universities cover also certain issues of the international trade and international commercial transactions.

3. International commercial law is a part of commercial law, and thus – part of national civil and international private law regulating commercial regulations between nationals of different states (law school of Saint Petersburg State University\professor Popondopulo)

4. International commercial law is a separate and complex discipline being a separate branch of legal science rather than just a part of international public or private law. In other words – international commercial law is a combination of international legal norms regulating international commercial transactions (Tynel, Funk and Hvalej – authors of International Trade Law book from Minsk and docent Honcharov from Belarussia)

40. Concept of international commercial law in modern legal doctrine

Nowadays modern legal science worldwide accepts the existence of the system of international trade customs and other legal norms developed from ancient lex mercatoria (or a set of trade customs existing in international trade through centuries) as an international commercial law.

The existence of rather autonomous set of legal norms regulating the international commercial transactions was recognized by western legal science since 60s of 20th century. Particularly, “London Colloquium on the New Sources of the Law of International Trade' held at King's College in September 1962 is generally regarded as the first major conference of its kind dealing with the modern lex mercatoria. During this colloquium, another prominent figure in theory of international commercial law, Clive Schmithoff, predicted that “The evolution of an autonomous law of international trade, founded on universally accepted standards of business conduct, would be one of the most important developments of legal science in our time. It would constitute a common platform for commercial lawyers from all countries, those of planned and free market economy, those from civil law and common law, and those of fully developed and developing economy, which would enable them to co-operate in the perfection of the legal mechanism of international trade.