Washington International Law Journal


This article was written by Elena Nosyreva and translated into English by Douglas Carman and Dana Tumenova.


This Article represents recent scholarship in Russian jurisprudence concerning the use of alternative dispute resolution procedures. It was written by a professor who is an active participant in law reform projects addressing the problems of elaborating legislation to articulate the rights and duties of parties involved in economic and other disputes. This Article covers three forms of dispute resolution—negotiations, claims-based dispute resolution, and mediation—and identifies characteristics of these procedures that are peculiar to the Russian context. By reviewing the forms of conflict resolution employed in Soviet-era command economy and exploring the contours of contemporary Russian "legal culture," the Article attempts to reconcile new procedural norms dictated by today's market economy with historical patterns of legal consciousness. The Article offers a unique insight into the progress of legal reforms in a narrow category of adjudication. It should prove interesting to readers seeking to understand the political and social factors that influence the adoption of new legal institutions, implementation of legislation, and the revision of law school curricula. Practitioners involved in business relationships with Russian enterprises will also find this Article a valuable survey of dispute resolution procedures in the Russian Federation.

First Page