Development of the Integration Concept of International Commercial Arbitration in the Eurasian Space

Abstract

Introduction. The article examines the historical background and problematic aspects of the formation of supranational consideration of economic disputes between economic entities in the Eurasian space: the issue of creating the Arbitration Chamber under the Economic Court of the Commonwealth of Independent States as a structure for arbitration resolution of economic disputes between economic entities (2006–2007), the issue of creating the Arbitration Court of the Customs Union (2012–2014), the issue of establishing international arbitration for consideration of economic disputes based on applications from economic entities (2020–2021), and the issue of creating a supranational arbitration of the Eurasian Economic Union (2023 — present).

 Methodology and materials. This study is based on the works of both Russian and foreign authors in the field of Eurasian integration, as well as on the analysis of documents and materials of international organizations in order to determine the possibility of supranational arbitrability of economic disputes of economic entities. In the presented study, general scientific methods of cognition (analysis, synthesis, induction and deduction), special legal methods (formal-legal, technical-legal, method of legal analogy) and comparative-legal method were used.

Results of the study and their discussion. The presented analysis showed that it is necessary to develop the doctrinal scientific concept of “supranational arbitrability”, which is understood as the property of the object of an economic (commercial) dispute that determines its possibility of being accepted for consideration by a supranational jurisdictional body. At the same time, supranational arbitrability of economic (commercial) disputes of business entities, in the author’s opinion, is possible only when it best meets the economic freedoms for which the integration association was created.

 Conclusions. As a result of the study, the author comes to the conclusion that at present there is no unity in the application of the EAEU law. In the author’s opinion, the unity of application of the EAEU law can be ensured by a new Eurasian arbitration mechanism.