Judgment of the Federal Commercial Court of the Western Siberian Okrug, the Russian Federation rendered in 1999 in case F04/1402-291/A70-99 and Judgment of the Presidium of the Higher Commercial Court of the Russian Federation rendered in 2003 in case 2853/00 - SAR 2003 - 2
1 PDF Version from "Stockholm Arbitration Reporter"
(1) Dissolution of a joint venture - the relevance of mandatory rules
according to Russian law.
(2) Whether the arbitral tribunal went beyond the scope of the
(1) The arbitral tribunal decided on the termination of the joint venture
agreement in accordance with Swedish law. However, questions
relating to the reorganisation of joint ventures are governed by
mandatory rules of Russian legislation. Thus, the participants in the
joint venture have the right to decide questions relating to the
reorganisation of the legal entity they have created on the basis of
the rules and procedures of Russian legislation.
(2) As the issue of the termination of the joint venture agreement was
incapable of being considered by application of foreign law, and
since the arbitral award related not only to the relations between the
participants in the joint venture but also to the status of joint
venture created by the parties, the award falls outside the scope of
the arbitration clause.
Claimant: Pressindustria S.p.A. (Italy)
Respondent: Tobolsk Petrochemical Combine (Russia)