Some Ideas on Pre-Trial Dispute Settlement in BRICS Countries / Reflexões sobre Resolução de Disputas Pré-Julgamento nos Países do BRICS
DOI:
https://doi.org/10.12957/rqi.2020.51963Palabras clave:
Pre-trial dispute settlement, quasi-judicial dispute settlement, BRICS, Brazil, Russia, India, China, South AfricaResumen
Objective: This article is aimed at outlining the approaches to the pre-trial (quasi-judicial) dispute settlement and the landmarks in the establishment and development of alternative dispute resolution (ADR) in the BRICS countries in the form of voluntary pre-trial dispute settlement with an emphasis on constructing the system of alternative procedures. The relevance of such a study is determined by its complex nature, giving an understanding of the ADR development vector in the BRICS format, based on relatively new legislation, which was not adequately reflected in scientific books, articles, etc. in the previous period. Thus, the present study fills this gap.
Method: Based on analytical reflections on information obtained from sources and literature indicated in the references, the article analyzes the provisions of normative acts and documents of the BRICS countries, creating patterns of ADR development and the potential for its use from the position of legal principles. Having characterized ADR in general, the author successively moves from the approaches of one country to those of another to clarify and outline general ideas in this field based on the foregoing information.
Results: The author’s results are presented in a set of legal prescriptions and scientific provisions found in the current legislation with regard to the field of research, including from the perspective of contribution to the further improvement of the ADR concept in the BRICS.
Contribution: The theoretical and practical significance of the results is defined by the fact that foreign readers will be provided with up-to-date scientific information on the state of the legislation in the BRICS countries in the field under study, which in practical terms will favor understanding of the gap (or lack thereof) in the achievements obtained by Russian and foreign researchers and practitioners in this sphere in terms of their implications at the level of legislation.
Descargas
Publicado
Cómo citar
Número
Sección
Licencia
Os Direitos autorais patrimoniais dos artigos publicados pertencem à Revista Quaestio Iuris. A reprodução total dos artigos desta revista em outras publicações, ou para qualquer outra utilidade, é permitida a todos, para que distribuam, remixem, adaptem e criem a partir do trabalho aqui publicado, mesmo para fins comerciais, desde que atribuam o devido crédito pela criação original ao autor e o crédito à Revista Quaestio Iuris pela primeira publicação do trabalho. A Revista Quaestio Iuris obedece aos termos da licença Creative Commons de Atribuição 4.0 Internacional CC-BY (https://creativecommons.org/licenses/by/4.0), em consonância com a legislação autoral brasileira, Lei 9.610/1998.
The patrimonial copyrights of the published articles belong to the Quaestio Iuris Law Review. The total reproduction of the articles of this review in other publications, or for any other use, is allowed to all, to distribute, remix, adapt and create from the work published here, even for commercial purposes, as long as they give due credit for the original creation to the author and credit to Quaestio Iuris Lae Review for the first publication of the work. The Quaestio Iuris Law Review complies with the terms of the Creative Commons Attribution 4.0 International CC-BY license (https://creativecommons.org/licenses/by/4.0), in accordance with brazilian copyright law, Law 9.610/1998.
