National Rules on Arbitrability and the Validity of an International Arbitral Award: The example of disputes regarding petroleum investments in Russia - SAR 2001 - 1

Author(s):

Giuditta Cordero-Moss

Page Count:

18 pages

Media Description:

1 PDF Version from "Stockholm Arbitration Reporter"

Published:

December, 2001

Jurisdictions:

Russia

Practice Areas:

Arbitral Awards,

Arbitrability,

National Institutions and Rules

Author Detail:

Giuditta Cordero Moss PhD (Moscow), Dr. Juris (Oslo). The author is associate professor at the Institute of Private Law, University of Oslo, in charge of International Commercial Law. She is a partner in a major

international law firm and she is admitted to practice law in Italy and in Norway. Her main areas

of practice are: business transactions, financing, international litigation, business projects in Russia.

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Stockholm Arbitration Report (SAR)

Preview Page SAR 2001 - 1

1. INTRODUCTION

1.1 Arbitrability

There are various rules of national law that restrict the ability of the parties to submit to arbitration disputes between them. One of the main effects of submitting a dispute to arbitration is that the parties exclude the jurisdiction of courts of law on the same dispute; the other important effect of arbitration is that the winning party can present the award for enforcement to any court in a country where the losing party has assets. Arbitration enjoys such a broad recognition as long as the disputed matters concern areas that national legal systems consider suitable for self-regulation by private parties. As soon as matters of public policy or of special economic or social interest are touched on, however, it can seem less appropriate for a state to waive jurisdiction or to lend its courts’ authority to enforce private awards.