at Russian
Institute
of Modern
Arbitration
at Russian
Institute
of Modern
Arbitration
A dispute under a provision of legal assistance contract between Nektorov, Saveliev & Partners and a company registered in Belize (Central America). Examining its competence, the Arbitral Tribunal, using Swiss and Russian legislation on arbitration, resolved the following issues: (1) may a dispute be resolved by the RAC if a Party's Counsel is also a RAC arbitrator; (2) whether the arbitration agreement from the contract covers disputes arising out of another deal if the parties are the same and the deal and the contract are related; (3) may the Parties enter into the arbitration agreement by the Respondent signing a letter in which the Claimant suggests to resolve disputes at RAC if the Parties do not conclude a settlement agreement by a certain moment. Presenting its procedural position, the Claimant submitted expert opinions done by Viktor Gerbutov in Russian law and Constantin Khovrin in Swiss law. Regarding the merits, the Claimant proved the fulfilment of its obligations under the legal assistance contract, and the Arbitral Tribunal ordered the Respondent to pay in full the legal assistance provided by the Claimant, as well as the penalty and interest under Art. 395 of the Civil Code of the Russian Federation inter alia after the date of the Award.
01.09.2020
