This article begins with a general introduction to international arbitration agreements, including the definition and elements of arbitration agreements. Referring to the New York Convention and the UNCITRAL Model Law, and in light of the legal practices of different countries, this article will establish the principles governing the determination of the validity of international arbitration agreements. Hopefully it could be the benchmark for participants in international arbitration when developing, negotiating, and defining arbitration agreements. (4) Different formal requirements for the main agreement or the underlying arbitration agreement. Most courts in contracting states interpret Article 2 of the New York Convention as a mandatory obligation to enforce an arbitration agreement, with the exception of a few explicit exceptions. “Any dispute, controversy or request concerning the creation of a corporation [the name of a corporation as used in the Charter or other constituent document], including management or participation, including disputes between participants [shareholders, partners, members – the term must be chosen on the basis of the organizational-legal form of a corporation] and the corporation itself and the corporation itself. , disputes involving persons who are or have been members of the corporate governing and supervisory bodies, as well as disputes relating to the rights of participants concerning the legal relationship with third parties, are settled by arbitration before the International Commercial Arbitration Tribunal with the Russian Chamber of Commerce and Industry , in accordance with its applicable rules. Optional. This provision should be included, especially where the law of the material contract and the right of the seat are different. The law of the arbitration clause potentially governs issues such as training, existence, scope, validity, legality, interpretation, termination, effects and applicability of the compromise clause and the identities of the parties to the compromise clause.
It does not replace the material contract law. “Any dispute, controversy or claim that may arise from this contract (contract) [in the event of a separate arbitration agreement, indicate a particular contract (agreement) ] or entry into force, conclusion, amendment, amendment, violation, termination, termination or validity of these contracts are settled by arbitration with the International Commercial Arbitration Tribunal of the Russian Chamber of Commerce and Industry. , in accordance with applicable rules and rules. Russia clearly understands that arbitration is a separate apparatus from the state judicial system, as it results from the parties` decision to submit their disputes to a private dispute resolution mechanism. In Russia, however, arbitration should not be confused with the “arbitrazh” courts. From the tradition that stems from the Soviet era, state courts dealing with commercial disputes are called “arbitrazh courts.” Arbitrazh courts fall into the judicial system of the state and have little to do with arbitration, except to be allowed to be sidelined or recognize and impose arbitral awards. Despite the fact that “Schieds” and “Arbitrazh” bear a phonetic resemblance to each other, you are two separate and independent dispute resolution systems. In practice, an arbitral tribunal is often referred to as “southern treteyskiy,” which means a private mechanism for self-regulation of dispute resolution.
When the corporation is aware of claims, motions or motions within the scope of this arbitration agreement but brought before a state court, the corporation is required to raise objections to the case before a state court no later than when the corporation files its first filing in relation to the merits of the dispute.