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The Arbitration Agreement - Chapter 4 - Arbitration Law of Russia: Practice and Procedure

Author(s): 
Roman Khodykin
Page Count: 
16 pages
Published: 
February, 2013
Jurisdictions: 
Russia
Practice Areas: 
Agreement to Arbitrate,
Contents of Arbitration Agreement,
Requirement of Written Form,
Operation and Effects,
Enforceability of Arbitration Agreements
Author Detail: 
Roman Khodykin is a Partner in the London office of the law firm Berwin Leighton Paisner LLP.

Mr. Khodykin holds a Ph.D in Law and, from 2005 to 2012 he was an associate professor at the Moscow State Institute of International Relations (MGIMO), in addition to being in private practice.

Recognised as a rising star by Chambers & Partners, Mr. Khodykin is a frequent speaker at seminars and conferences and has authored numerous publications on international commercial arbitration and conflict of laws.

He has acted as arbitrator in cases under the ICC Rules and the Rules of the Court of Arbitration for Sport at the Russian Olympic Committee. Based in London, Mr. Khodykin advises on a wide range of litigation and arbitration matters, including commercial cases, repossession of aircraft, real estate litigation, corporate disputes and oil and gas industry cases. Mr. Khodykin has represented a broad range of clients in national and cross-border matters, including matters before the LCIA, ICSID and the International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry. He has experience litigating cases before various Russian courts, including the Russian Federation Constitutional Court, the Supreme Arbitrazh Court (the highest judicial authority in Russia for commercial courts) and the Supreme Court.

 

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Description: 

Originally from: Arbitration Law of Russia: Practice and Procedure

4.1. ARBITRATION CLAUSES AND SUBMISSIONAGREEMENTS

The agreement to arbitrate forms the basis of any international commercial arbitration. It records the consent of the parties to submit to arbitration and is necessary for any process of dispute resolution outside the national courts. The consent of the parties is the essential basis of any voluntary international commercial arbitration system.1

Art. 7 of the Arbitration Act provides that an arbitration agreement is an agreement by the parties to submit to arbitration all or certain disputes that have arisen or might arise between them in respect of a defined legal relationship, whether contractual or not. An arbitration agreement may take the form of a separate agreement or an arbitration clause in a contract.

It is clear from the definition that it covers both arbitration clauses and submission agreements.

The distinction between arbitration clauses and submission agreements was of paramount importance in those countries where submission agreements alone were valid and enforceable and arbitration clauses were only enforceable if followed by a submission agreement.2

This is not the case for international arbitration in Russia.

The parties may terminate the arbitration agreement by consent.

Table of Contents: 

4.1 Arbitration Clauses and Submission Agreements
4.2 Essential Content of the Arbitration Agreement
4.2.1 Consent of the Parties to Arbitration
4.2.2 Scope
4.2.3 Arbitration Institution
4.2.4 Exclusivity
4.3 Form of the Arbitration Agreement
4.4 Incorporation of an Arbitration Clause Contained in General Terms and Conditions
4.5 Law Applicable to the Interpretation of Arbitration Clauses
4.6 Binding Effect of an Arbitration Clause on Third Parties
4.6.1 Assignment
4.6.2 Bank Guarantees
4.7 Enforcement of an Arbitration Agreement within or by Court Proceedings
4.7.1 Effect of Invoking an Arbitration Clause within a Court Proceeding (and Time Limits for Such Motions)
4.7.2 Competent Court for Obtaining a Declaration That an Arbitration Agreement Is Valid and Binding