ПРЕПРИНТ
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Modern state of construction industry signifies the necessity of coping with technological backwardness, accrued misbalances, low productiveness of construction business and also its persistent unprofitability and high level of conflict character of construction participants. Actual rise of economic interests contradictions caused by a more complicated character of projects, increase of social burden on construction business induced by inconsistent and even fragmentary measures of public regulation has led to enormous number of economic disputes. Bankruptcy caseload of investment and construction companies is at the highest possible level nowadays. Not only small and middle-sized business but also large companies cannot withstand modern challenges pressure. In this connection there is a huge field for elaboration of dispute resolution methods. Shifting towards project financing strengthens inner contradictions in the industry and also causes conflict of interests with banks. Decline of assets quality, increase of unfinished construction volume, loss of partners, withdrawal of turnover capital, waste of staff, enlargement of shadow economy segment – these are just the part of consequences which should be overcome immediately. Systemic possible solutions deal with the use of the whole specter of disputes resolution methods. Foreign experience, for example Belarusian one, proves that non-judicial methods are more flexible, rational, diverse and acceptable for parties in conflict. The most important thing is that these methods of settling differences have negotiating nature and let the parties find decisions with a high potential of practical fulfillment (not just winning the case in court). Experts expressed different opinions on the issue of conciliation procedure organizational form. The main requirement for arising disputes in investment and construction projects is an uninterrupted process and prevention of bankruptcies: debtors, contractors, subcontractors and construction shareholders. Participants of conference came to the conclusion that certain pilot projects promoting diverse disputes settlement procedures in investment and construction should be launched.
Яськова Н. Ю. 2020. Alternatives of judicial economic disputes settlement in investment and construction sphere. PREPRINTS.RU. https://doi.org/10.24108/preprints-3112027