Enforcing Contracts in Transition Economies Contractual Rights and Obligations in Central Europe

by Andenas, Mads; Sanders, Gerard

• ISBN13: 9780903067591
• ISBN10: 0903067595
• Format: Hardcover
• Copyright: 2005-03-01
• Publisher: British Institute of International

Summary

This important and incisive new book examines contractual enforcement mechanisms in central and southeastern Europe and the Commonwealth of Independent States. The volume is an outcome of the cooperation between the European Bank for Reconstruction and Development (EBRD), and the British Institute for International and Comparative Law (BIICL). EBRD and BIICL have facilitated both formal and informal dialogue and cooperation on contract enforcement issues. The rich and informed debate between practitioners and academics, together with the representatives of international organizations, policymakers and judges is reflected in this book. The book addresses the role of the rule of law in development and protection of contractual rights in transition nations of central and southeastern Europe and Commonwealth of Independent States. Also examined is the role of courts in these countries, along with their structure, independence and integrity. The book discusses the practical aspects of contract and obligations enforcement, and the framework they should follow. Regarding arbitration or alternative dispute resolution, who are the main actors and what is the appropriate script? The book highlights that after more than thirteen years of transition, contract enforcement has not reached a stage where it provides the required basis for economic development. It requires sustained attention from national governments, regional bodies and the international community. The book concludes by examining the appropriate way forward. The enforcement of contractual rights and obligations is a condition for economic development, and this book should appeal to a wide readership ranging from academics and practitioners to policy makers and the judiciary in both developed and developing economies.

Table of Contents

Foreword
Foreword
Foreword
The importance of the rule of law and respect for contractual rights in transition countries	p. 3
The rule of law and the transition to a market-based economy	p. 11
Enforcement of contracts in Central and Eastern Europe : a general survey	p. 21
Comment : privatization of enforcement is not the answer	p. 35
The role of arbitration courts in the enforcement of commercial contracts	p. 41
Lessons learned from the English contract enforcement experience and their possible application to the region	p. 49
The courts' role : a practitioner's perspective	p. 53
Comment : shortcomings in legislation and arbitration procedure in Kazakhstan	p. 57
Comment : improvements in court practice	p. 61
The EBRD's role in fostering an environment for the enforcement of contracts	p. 69
The European Bank for Reconstruction and Development's experience of contract enforcement	p. 79
An exploration of practical issues of contract enforcement	p. 83
Comment : the limitations of court-based enforcement in transition countries	p. 87
Comment : obtaining and enforcing judgments in Romania	p. 89
ICC alternative dispute resolution and transition countries	p. 93
Internet domain name disputes	p. 97
Investment treaty arbitration	p. 103
Comment : the growth of alternative dispute resolution in Bulgaria	p. 109
Comment : practical and procedural issues in arbitration	p. 113
Hungary	p. 117
The Ukraine	p. 119
Slovenia	p. 121
Comment : the use of international arbitration in disputes involving transition countries	p. 123
Positive law aspects	p. 127
The impact of community law on contract enforcement in the region	p. 131
Comment : prospects for the rule of law	p. 137
Concluding remarks	p. 141
Enforcement of arbitral awards in Bulgaria	p. 147
Enforcement of contracts in Kazakhstan	p. 153
Recognition and enforcement of foreign arbitral awards in the Russian Federation	p. 161
Some trends in international dispute resolution involving Russian parties	p. 181
Practical and procedural issues relating to arbitration in Slovenia	p. 185
International commercial arbitration in the Ukraine	p. 199
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