THE IMPLEMENTATION OF OUR PROJECT WILL SUPPORT THE DEVELOPMENT OF INDEPENDENT ARBITRATION INSTITUTE

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PRESS RELEASE: THE IMPLEMENTATION OF OUR PROJECT IS INDEPENDENT IN OUR COUNTRY
WILL SUPPORT THE DEVELOPMENT OF THE INSTITUTE OF ARBITRATION

 

The project "Development of the institution of arbitration in Azerbaijan and support of proposals to the legislative framework in the field of alternative dispute resolution" presented by the Center for Legal Reforms this year was one of the winners of the competition for financial assistance to NGOs of the Council of State Support to NGOs.

In accordance with the "Project Implementation Plan", organizational and technical measures are being implemented from May 1. Preparations are being made for the implementation of the planned work, working groups are being established, and well-known and experienced experts are being involved. Materials for the book to be published in the field of arbitration, selected in the project, were selected and orders for translation work were given. At the same time, organizational work is being done to prepare and submit amendments and additions to the Law of the Republic of Azerbaijan “On International Arbitration”, draft laws of the Republic of Azerbaijan “On Arbitration Court” and “On Mediation” and other normative acts to the relevant bodies. We believe that it is very important today to develop the activities of the ICRC based on domestic legislation and international experience, that is, to develop the ideas and institution of arbitration in our country as a whole. However, there are certain problems in this area and it is important to solve them.
This problem, which hinders the more efficient organization of the ICRC's activities as an independent arbitration institution and needs to be addressed, can be summarized as follows:
- In the field of arbitration, there is a shortage of literature in the Azerbaijani language, there are almost no textbooks, scientific research, practical experience. Those interested in this field, experts can get information only from the literature published abroad via the Internet, even in foreign languages. Although the Society's recent newspaper articles, brochures, and books have partially bridged the gap, the problem of literature remains.
-There is a need for targeted awareness-raising activities to increase the popularity of the idea of ​​arbitration and its more effective understanding by entrepreneurs.
- There is a problem of lack of highly qualified personnel to organize arbitration processes in accordance with modern world standards, to achieve a fair and professional settlement of disputes. There are enough lawyers, specialists and scientists in the field of civil law in Azerbaijan. However, there are few specialists in the field of arbitration law, arbitration procedural law, and the experience of lawyers in this field is still unsatisfactory compared to international standards.
- In order to visually study the experience of international arbitration institutes, it is necessary to organize business trips of ICC arbitrators abroad or to send to Azerbaijan experienced specialists of the world's leading and famous arbitration courts.
- There is a need to improve the legal framework for the wider application of alternative dispute resolution mechanisms.
The goals and objectives of the implemented project include the elimination of the above-mentioned problems:
- to take another step forward in developing the activities of BKAM as an independent arbitration institution;
- study of international experience;
- to provide enlightenment and staff training;
- to prepare proposals for the legislative base in order to improve the mechanisms for resolving disputes by alternative, out-of-court methods;
The training of professional and experienced personnel who will participate in the activities of BKAM will provide confidence in the activities of this organization and, as a result, a fair settlement of disputes. The availability of professional staff to resolve disputes in an independent arbitration institute in Azerbaijan will create the basis for the effective protection of the rights of foreign and local businesses, the settlement of commercial disputes on the basis of mutual trust and cooperation. The development of BKAM as an independent arbitration institution can play an effective role in ensuring the interests of international companies and foreign businesses investing in the region as a whole, which in turn will have an impact on the formation of a free business environment. At the same time; to further expand the views of the public, business entities and lawyers on the need for arbitration, to further raise awareness of the idea of ​​arbitration, to continue awareness-raising activities for better recognition of ICC within the country and abroad; Training of highly qualified specialists (arbitrators) with knowledge of world experience, international law and trade traditions in the field of arbitration law, arbitration procedural law to ensure the normal operation of BKAM, fair, professional and effective settlement of commercial disputes; International arbitration