| Title |
Valstybės ir viešosios teisės juridinių asmenų teisė sudaryti arbitražinį susitarimą pagal Lietuvos ir užsienio valstybių teisę / |
| Another Title |
Power of a state and legal persons of public law to conclude an arbitration agreement under the law of Lithuania and foreign jurisdiction. |
| Authors |
Zemlytė, Eglė |
| DOI |
10.15388/Teise.2011.0.178 |
| Full Text |
|
| Is Part of |
Teisė / Vilniaus universitetas.. Vilnius : Vilniaus universiteto leidykla. 2011, t. 79, p. 172-185.. ISSN 1392-1274 |
| Abstract [eng] |
Article 11(2) of the Law on Commercial Arbitration of the Republic of Lithuania provides that disputes, the party to which is a state or municipal entity as well as a state or municipal institution or organisation may not be submitted to arbitration unless an advance consent to such agreement has been given by the founder of such entity, institution or organisation. Similar restrictions can be found in the laws of the other countries as well. Considering given circumstances, the subject matter of the Article is answering the question whether such restrictions prevail in foreign national laws as well as what reasons cause establishment of such restrictions. Research has shown that national legal restrictions regarding the right of a state or legal persons of public law to enter into arbitration agreement are not globally widespread, in most cases it is established that the state and legal persons of public law are entitled to enter into arbitration agreements on the same conditions as the private parties to arbitration agreement. Considering the said results and based on other reasons that are discussed in the article the rationality of such national national restrictions is questioned in the article. |
| Published |
Vilnius : Vilniaus universiteto leidykla |
| Type |
Journal article |
| Language |
Lithuanian |
| Publication date |
2011 |
| CC license |
|
