at Russian
Institute
of Modern
Arbitration
at Russian
Institute
of Modern
Arbitration
Appling to the RAC with a claim against the Respondent, the Claimant submitted an arbitration agreement of the Parties on dispute resolution at the RAC in accordance with the Arbitration Rules. Soon, the Respondent stated that the applicable rules were determined incorrectly since the Parties had signed a newer version of the arbitration agreement on dispute resolution at the RAC Division for Dispute Resolution in the Nuclear Industry in accordance with the Rules of the Division. Simultaneously with the applicable rules objection, the Respondent submitted its objections on the merits of the dispute. During the oral hearing, held to discuss the arbitration rules applicable to the dispute, the Respondent stuck to its position on the applicable rules, and the Claimant objected, stating that the document containing the newer arbitration agreement was not in its possession. As a result, the Parties managed to resolve the dispute amicably, although they misinterpreted Article 8 of the Regulations on Fees and Costs, stating in the settlement agreement that the Claimant is to be refunded 50 % of the arbitration fee from the RAC, but not 25 % how rules Article 8 of the Regulations on Fees and Costs. Since the Parties ignored the Arbitral Tribunal's suggestion to submit appropriate corrections, the Arbitral Tribunal concluded that the Parties did agree on the burden of paying the 25 % arbitration fee and assigned it to the Respondent proportionally to the claims satisfied.
08.06.2020
