| Abstract [eng] |
The Master’s thesis approaches the quintessential aspects of relation between arbitration and civil proceedings, mainly analysing arbitration proceedings in the context of state civil proceedings, thus emphasising generalities, and not differences of the proceedings, and, considering the fact that from the very first day of establishment of permanent arbitration institution in Lithuania, popularity of arbitral dispute settlement is very slow and unmarked - revealing the main issues of reasons for their different popularity, still relevant for Lithuania. The research object is arbitration proceedings as an alternative of dispute settlement close to the state civil proceedings. The research objective is to analyse arbitration proceedings in the context of civil proceedings in order to disclose the place occupied by arbitration proceedings next to civil proceedings, attempting to view arbitration proceedings not as a fully different alternative, but as the closest method of dispute settlement to civil proceedings, and determining the reasons for different popularity of the analysed proceedings. The Master’s thesis, applying the historical, comparative, systematic and analytical research methods and considering arbitration proceedings as a part of science of the law of civil proceedings, has determined similar goals and principles linking the proceedings, analysed the main issues of advantages and disadvantages of the discussed proceedings in regard to one another, disclosed the nature and main development trends of arbitration proceedings. The conclusions have been drawn up that arbitration proceedings are generally named as a mixed institute of law and considered more procedural than material institute, as well as conventionality of advantages and disadvantages of these proceedings in regard to one another has been determined and, in consideration of fairly conservative (distinguished by instance and institutional mentality) Lithuanian society and specific economic conditions of the country, a wider range of means for popularisation of arbitration proceedings has been proposed, oriented to a wider audience and possibilities of adaptation of arbitration proceedings for Lithuania. |
