at Russian
Institute
of Modern
Arbitration
at Russian
Institute
of Modern
Arbitration
The Parties agree to establish a Dispute Review Board (“DRB”) in accordance with the Adjudication (Dispute Board) Rules of the Russian Arbitration Center at the Autonomous Non-Profit Organisation “Russian Institute of Modern Arbitration” (“Adjudication Rules”), which are incorporated herein by reference.
The DRB shall be composed of [ – ] Dispute Board members [it is possible to specify the relevant characteristics or experience of Dispute Board members or indicate the full names].
Choose one of the options
[
Option 1:
Any and all disputes or controversies arising out of or in connection with the contract shall be considered by the DRB prior to submitting them to arbitration.
Option 2 (outlining the disputes Parties entrust a DRB to consider):
Any Disputes relating to [clauses [xx (it is possible to specify clauses)] [or performance obligations under clauses xx] [or monetary claims] [or technical issues] under this contract [excluding its termination and invalidity] shall be considered by the DRB prior to submitting them to arbitration.
]
If any Party fails to comply with a Recommendation of the DRB the other Party may refer the dispute arising from non-compliance with the Recommendation to arbitration administered by the Russian Arbitration Center at the Autonomous Non-Profit Organisation “Russian Institute of Modern Arbitration” in accordance with the Arbitration Rules. [The Parties agree on the application of expedited arbitration procedure under Chapter 7 of the Arbitration Rules for disputes arising from non-compliance with Recommendation.] Jurisdiction of the Arbitral tribunal shall be limited to deciding whether: a) a Party complied with the Recommendation, and b) the Recommendation is contrary to mandatory provisions of the applicable law or violates the rights of third parties. The Arbitral tribunal has the power to determine the procedure for implementing the Recommendation. The Arbitral tribunal shall not review the merits of the Recommendation.
If a Party is dissatisfied with the Recommendation fully or partially and submits a Notice of Dissatisfaction in the manner prescribed in Adjudication Rules [or if the DRB does not issue the Recommendation within the time limit provided in the Adjudication Rules] [or if the DRB is disbanded prior to issuing the Recommendation] the dispute shall be referred to arbitration administered by 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 Adjudication Rules in English [Russian] shall prevail over the edition in Russian [English].
The Parties agree to establish a Dispute Adjudication Board (“DAB”) in accordance with the Adjudication (Dispute Board) Rules of the Russian Arbitration Center at the Autonomous Non-Profit Organisation “Russian Institute of Modern Arbitration” (“Adjudication Rules”), which are incorporated herein by reference.
The DAB shall be composed of [ – ] Dispute Board members [it is possible to specify the relevant characteristics or experience of Dispute Board members or indicate the full names].
Choose one of the options
[
Option 1:
Any and all disputes or controversies arising out of or in connection with the contract shall be considered by the DАB prior to submitting them to arbitration.
Option 2 (outlining the disputes Parties entrust a DRB to consider):
Any Disputes relating to [clauses [xx (it is possible to specify clauses)] [or performance obligations under clauses xx] [or monetary claims] [or technical issues] under this contract [excluding its termination and invalidity] shall be considered by the DАB prior to submitting them to arbitration.
]
If any Party fails to comply with a Decision of the DAB the other Party may refer the dispute arising from non-compliance with the Decision to arbitration administered by the Russian Arbitration Center at the Autonomous Non-Profit Organisation “Russian Institute of Modern Arbitration” in accordance with the Arbitration Rules. [The Parties agree on the application of expedited arbitration procedure under Chapter 7 of the Arbitration Rules for disputes arising from non-compliance with Decision.] Jurisdiction of the Arbitral tribunal shall be limited to deciding whether: a) a Party complied with the Decision, and b) the Decision is contrary to mandatory provisions of the applicable law or violates the rights of third parties. The Arbitral tribunal has the power to determine the procedure for implementing the Decision. The Arbitral tribunal shall not review the merits of the Decision.
If a Party is dissatisfied with the Decision fully or partially and submits a Notice of Rejection in the manner prescribed in Adjudication Rules [or if the DRB does not issue the Decision within the time limit provided in the Adjudication Rules] [or if the DRB is disbanded prior to issuing the Decision] the dispute shall be referred to arbitration administered by the Russian Arbitration Center at the Autonomous Non-Profit Organisation “Russian Institute of Modern Arbitration” in accordance with the Arbitration Rules.
Pending a ruling by the arbitral tribunal, the Parties must comply with the Decision.
The Parties agree that Adjudication Rules in English [Russian] shall prevail over the edition in Russian [English].
Recommended Clause for incorporation into the сontract or Dispute Resolution Agreement before dispute has arisen:
Choose one of the options
[
Option 1:
Any and all disputes or controversies arising out of or in connection with the contract shall prior to submitting them to arbitration be considered by the Ad Hoc Dispute Board (“AHB”) under the Adjudication (Dispute Board) Rules of the Russian Arbitration Center at the Autonomous Non-Profit Organisation “Russian Institute of Modern Arbitration” (“Adjudication Rules”), which are incorporated herein by reference.
Option 2 (outlining the disputes Parties entrust Ad Hoc Dispute Board to consider):
Any Disputes relating to [clauses [xx (it is possible to specify clauses)] [or performance obligations under clauses xx] [or monetary claims] [or technical issues] under this contract [excluding its termination and invalidity] shall prior to submitting them to arbitration be considered by the Ad Hoc Dispute Board (“AHB”) under the Adjudication (Dispute Board) Rules of the Russian Arbitration Center at the Autonomous Non-Profit Organisation “Russian Institute of Modern Arbitration” (“Adjudication Rules”), which are incorporated herein by reference.
]
The AHB shall be constituted after one of the Parties notifies the other about its intention to refer the dispute to Adjudication.
The AHB shall be composed of [ – ] Dispute Board members [it is possible to specify the relevant characteristics or experience of Dispute Board members or indicate the full names].
If any Party fails to comply with a Decision of the AHB the other Party may refer the dispute arising from non-compliance with the Decision to arbitration administered by the Russian Arbitration Center at the Autonomous Non-Profit Organisation “Russian Institute of Modern Arbitration” in accordance with the Arbitration Rules. [The Parties agree on the application of expedited arbitration procedure under Chapter 7 of the Arbitration Rules for disputes arising from non-compliance with Decision.] Jurisdiction of the Arbitral tribunal shall be limited to deciding whether: a) a Party complied with the Decision, and b) the Decision is contrary to mandatory provisions of the applicable law or violates the rights of third parties. The Arbitral tribunal has the power to determine the procedure for implementing the Decision. The Arbitral tribunal shall not review the merits of the Decision.
If a Party is dissatisfied with the Decision fully or partially and submits a Notice of Rejection in the manner prescribed in Adjudication Rules [or if the AHB does not issue the Decision within the time limit provided in the Adjudication Rules] [or if the AHB is disbanded prior to issuing the Decision] the dispute shall be referred to arbitration administered by the Russian Arbitration Center at the Autonomous Non-Profit Organisation “Russian Institute of Modern Arbitration” in accordance with the Arbitration Rules.
Pending a ruling by the arbitral tribunal, the Parties must comply with the Decision.
The Parties agree that Adjudication Rules in English [Russian] shall prevail over the edition in Russian [English].
Recommended Clause for already existing disputes
The dispute concerning [specify a particular dispute] shall prior to submitting it to arbitration be considered by the Ad Hoc Dispute Board (“AHB”) under the Adjudication (Dispute Board) Rules of the Russian Arbitration Center at the Autonomous Non-Profit Organisation “Russian Institute of Modern Arbitration” (“Adjudication Rules”), which are incorporated herein by reference.
The AHB shall be composed of [ – ] Dispute Board members [it is possible to specify the relevant characteristics or experience of Dispute Board members or indicate the full names].
If any Party fails to comply with a Decision of the AHB the other Party may refer the dispute arising from non-compliance with the Decision to arbitration administered by the Russian Arbitration Center at the Autonomous Non-Profit Organisation “Russian Institute of Modern Arbitration” in accordance with the Arbitration Rules. [The Parties agree on the application of expedited arbitration procedure under Chapter 7 of the Arbitration Rules for disputes arising from non-compliance with Decision.] Jurisdiction of the Arbitral tribunal shall be limited to deciding whether: a) a Party complied with the Decision, and b) the Decision is contrary to mandatory provisions of the applicable law or violates the rights of third parties. The Arbitral tribunal has the power to determine the procedure for implementing the Decision. The Arbitral tribunal shall not review the merits of the Decision.
If a Party is dissatisfied with the Decision fully or partially and submits a Notice of Rejection in the manner prescribed in Adjudication Rules [or if the AHB does not issue the Decision within the time limit provided in the Adjudication Rules] [or if the AHB is disbanded prior to issuing the Decision] the dispute shall be referred to arbitration administered by the Russian Arbitration Center at the Autonomous Non-Profit Organisation “Russian Institute of Modern Arbitration” in accordance with the Arbitration Rules.
Pending a ruling by the arbitral tribunal, the Parties must comply with the Decision.
The Parties agree that Adjudication Rules in English [Russian] shall prevail over the edition in Russian [English].
