Arbitration Clauses

The Recommended Arbitration Clauses

In order to refer a dispute arising out of or in connection with a contract to the arbitration administered by the Russian Arbitration Center, parties shall include the recommended arbitration clause described below in their contract.

Parties may agree on standard arbitration procedure or expedited arbitration as well as on specific conditions of arbitration (such as additional requirements regarding arbitrators` qualification, place of hearings, etc.)

The parties can agree to refer a dispute to arbitration at a later stage, even when their dispute is already being heard by a state court.

The standard recommended arbitration clause

Any and all disputes, controversies or claims arising out of or in connection with this Contract, or a breach, termination or invalidity hereof, shall be settled by arbitration at the Russian Arbitration Center at the Autonomous Non-Profit Organisation “Russian Institute of Modern Arbitration” in accordance with the Arbitration Rules.

The Parties agree that for the purposes of sending written submissions, notifications and other written documents the following e-mail addresses shall be used:

[ name of the Party ]: [e-mail address ]
[ name of the Party]: [e-mail address ]

In the event of change of the e-mail address specified above the Party shall immediately notify the other Party of such change and, if the arbitration has already commenced, also notify the Russian Arbitration Center at the Autonomous Non-Profit Organisation “Russian Institute of Modern Arbitration”. If such notice is not given, the Party failing to give notice shall be responsible for any written submissions, notifications and other written documents being sent to a wrong e-mail address.

The Parties hereby agree to be bound by and to execute the arbitral award.

The Recommended Arbitration Clause for Expedited Arbitration

Any and all disputes, controversies or claims arising out of or in connection with this Contract, or a breach, termination or invalidity hereof, shall be settled by arbitration in accordance with the Arbitration Rules for Domestic Disputes of the Russian Arbitration Center at the Autonomous Non-Profit Organisation “Russian Institute of Modern Arbitration

The Parties agree that disputes for claims under thirty million (30,000,000) Rubles for arbitration of domestic disputes, and under five hundred thousand (500,000) US Dollars for international commercial arbitration shall be resolved in accordance with the expedited arbitration procedure under Chapter 7 of the Arbitration Rules.

The Parties hereby agree that no oral hearings shall be held under the expedited arbitration procedure.

The Parties agree that for the purposes of sending written submissions, notifications and other written documents the following e-mail addresses shall be used:

[ name of the Party ]: [e-mail address ]
[ name of the Party ]: [e-mail address ]

In the event of change of the e-mail address specified above the Party shall immediately notify the other Party of such change and, if the arbitration has already commenced, also notify the Russian Arbitration Center at the Autonomous Non-Profit Organisation “Russian Institute of Modern Arbitration”. Otherwise, the Party failing to give notice shall be responsible for any written submissions, notifications and other written documents being sent to it to a wrong e-mail address.

The Parties hereby agree to be bound by and to execute the arbitral award.

Potential additions agreements that may be incorporated into the text of the recommended arbitration clause

1. The Arbitral Tribunal shall be composed of [●] arbitrators [it is possible to specify the number of arbitrators or the full names of specific arbitrators].

2. The seat of arbitration shall be: [●].

3. The venue of the oral hearings shall be: [●].

4. This contract shall be governed by the substantive law of [●].

5. The following language shall be used in the arbitration: [●].

6. The Parties have agreed to the application of hourly rates set forth by the Arbitration Rules to the calculation of the arbitration fee.

Direct (Special) Agreements

Direct (special) agreements enable the Parties to agree upon certain conditions of arbitration that cannot be included in the Arbitration Rules.

Direct (special) agreements that may be incorporated into the text of the recommended arbitration clause:

1. Direct (special) agreement to waive the right to file challenges with competent courts in case of the Board’s refusal to grant the challenge:

   The Parties directly (specially) agree that if the challenge of an arbitrator is not granted by the Board in accordance with the Arbitration Rules, the challenging Party may not file an application seeking to have the challenge granted with a competent court.

2. Direct (special) agreement to waive the right to file applications on the Arbitral Tribunal’s lack of jurisdiction in case the Arbitral Tribunal found it has jurisdiction, with competent courts:

   The Parties directly (specially) agree that if the Arbitral Tribunal holds that it has jurisdiction as a preliminary matter, the Parties may not file applications on the Arbitral Tribunal’s lack of jurisdiction with a competent court.

3. Direct (special) agreement to hold no oral hearings under disputes between the Parties (where the Parties wish to exclude oral hearings in the standard arbitration procedure):

   The Parties directly (specially) agree that no oral hearings shall be held as part of the arbitration.

4. Direct (special) agreement on the election (appointment) of arbitrators only from the recommended list of arbitrators of the Russian  Russian Arbitration Center at the Autonomous Non-Profit Organisation “Russian Institute of Modern Arbitration”:

   The Parties directly (specially) agree that the arbitrators for the dispute shall be elected (appointed) only from the recommended list of arbitrators of the Russian Arbitration Center at the Autonomous Non-Profit Organisation “Russian Institute of Modern Arbitration”.

5. Direct (special) agreement on the finality and irreversibility of the arbitral award:

   The Parties directly (specially) agree that the arbitral award is final for the parties and is not subject to annulment.

Choice of Court Agreements

Prorogation agreements enable the Parties to choose a state court for annulment and/or enforcement proceedings. Conclusion of such agreements allow the Parties to conduct possible proceedings in one court, which expedites arbitration and reduce costs.

Agreements to change the territorial jurisdiction of state courts over applications for recognition and enforcement of arbitral awards (issuance of enforcement orders):

1. Agreements to change the jurisdiction over cases on the annulment of arbitral awards:

   The Parties agree that an application for annulment of the arbitral award shall be referred to an arbitrazh (commercial) court (or a district court) at the location (or domicile) of the Party, against which such an arbitral award is issued (or the Party in whose favour such an arbitral award is issued).

2. Agreements to change the jurisdiction over cases on the enforcement of an arbitral award (issuance of the enforcement order) at the location of the Party in whose favour such an arbitral award is rendered:

   The Parties agree that an application for the issuance of an enforcement order for the enforcement of the arbitral award shall be subject to the jurisdiction of an arbitrazh (commercial) court (or a district court) at the location (or domicile) of the Party in whose favour such an arbitral award is rendered.

3. Agreements to change the jurisdiction over cases on the enforcement of arbitral awards (issuance of the enforcement order) at the seat of arbitration:

   The Parties agree that applications for the issuance of enforcement orders for the enforcement of the arbitral award shall be subject to the jurisdiction of an arbitrazh (commercial) court of the constituent entity of the Russian Federation (or a district court), in whose territory the arbitral award was rendered.

4. Agreements to change the jurisdiction over both categories of cases at the location of the Party in whose favour such an arbitral award is rendered:

   The Parties agree that applications for the annulment of the arbitral award, as well as on the issuance of enforcement orders for enforcement of the arbitral award shall be subject to the jurisdiction of an arbitrazh (commercial) court (or a district court) at the location (or domicile) of the Party, in whose favour such an arbitral award is rendered.