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An old approach of the Supreme Court to a pathological arbitration clause


In accordance with the judiciary reform legislation the Supreme Commercial Court would be abolished soon. I guess it should be helpful to know about a recent approach of the Supreme Court to the issue of international arbitration.

Lately I have published the article concerning the approach of the Supreme Commercial Court of Russia to pathological arbitration clause. A few days ago I found an old ruling of the Supreme Court of Russia dated 2002. In case № 45-G02-22 (the judgment dated 21 October 2002), a party objected to issuing a writ of execution for the enforcement of the arbitral award referring that the arbitration agreement does not provide an arbitrational tribunal with authority to resolve the dispute.

Pursuant to the arbitration agreement any the parties agreed to bring any disputes arising out of the contract to the arbitration court of the chamber of commerce at the place of business of the defendant.

The Supreme Court of Russia enforced the clause because it provides an explicit term which arbitration has authority to resolve the dispute.