Arbitration Clauses

Gerard David

The Judgement of Cambyses, 1498

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Corporate disputes may be referred to arbitration if a legal entity, all participants thereof and the entity’s counterparties, willing to participate in an arbitration of the corporate disputes affecting their legal relationship with the entity, are parties to an arbitration agreement.

An arbitration agreement may be executed by way of concluding a separate agreement, an addendum to a corporate agreement, other agreement or a contract between a legal entity and a counterparty. An arbitration agreement can be introduced into the charter (articles of association).

Arbitration agreement cannot be introduced into the charter (articles of association) of a joint-stock company with a thousand or more shareholders with voting shares, or into the charter (articles of association) of a public joint-stock company.

A charter (articles of association) incorporating such an arbitration clause, or the amendments to the charter (articles of association) incorporating such an arbitration clause, as well as any amendments into such an arbitration clause shall be subject to approval by the resolution of the legal entity’s supreme body (the participants’ meeting) made unanimously by all participants in the legal entity.

The Arbitration Center has drafted the recommended arbitration clauses with respect to corporate disputes: