at Russian
Institute
of Modern
Arbitration
at Russian
Institute
of Modern
Arbitration
The Claimant submitted a claim to the RAC for recovery of debt and a fine for a delivery delay under the contract. When the RAC managed to contact the Respondent, he claimed that he had never been in legal relations with the Claimant, and the signature and seal in the contract were fake. The Respondent's statements were confirmed by the handwriting examination conducted in accordance with Article 44 of the Arbitration Rules, which was one of the grounds to recognize the contract containing the arbitration clause unconcluded. The Claimant disagreed with the results of the examination, though no reasons for his disagreement were presented. The Arbitral Tribunal concluded it has competence since the Parties exchanged procedural documents during the arbitration. Moreover, the Respondent explicitly stated his preference to defend his interests in the RAC. Since the award was rendered against the Claimant, the Respondent's costs for the protection of his rights in the arbitration, as well as the costs for the examination, are subject to be paid by the Claimant.
10.09.2020
