The parties must conclude an arbitration agreement to submit a dispute to arbitration.
In accordance with Art. 7 of the Law "On International Commercial Arbitration" arbitration agreements must be in writing and may be contained in the contract (arbitration clause), as well as in a separate document. In addition, the arbitration agreement may be included in the charter of a legal entity or in the rules of organized trading or clearing, and may also be concluded by exchange of letters or procedural documents.
The inaccuracy or incompleteness of the arbitration agreement may significantly complicate or make it impossible to conduct arbitral proceedings at all. Therefore, it is advisable to use arbitration agreements developed and recommended by arbitration institutions. In accordance with Section 5 of the Practice Review approved by the Presidium of the Supreme Court of the Russian Federation on 26.12.2018, all doubts shall be interpreted in favour of the validity and enforceability of such model agreements.
If necessary, you can always contact the Arbitration Centre at the RSPP to receive additional recommendations on how to formulate the terms of an arbitration agreement.
Any dispute, controversy, difference or claim arising out of or in direct or indirect connection with this contract, including any questions regarding its conclusion, existence, interpretation, termination or validity, shall be referred to and finally resolved by arbitration administered by the Arbitration Centre at the Russian the Union of Industrialists and Entrepreneurs (RSPP) in accordance with its rules in force on the date of commencement of arbitration.
Parties to this contract agree that documents and other materials related to arbitration may be sent to the following addresses:
[name of the party]: [e-mail address];
[name of the party]: [e-mail address].
Recommended additions to arbitration clause:
- The arbitral tribunal shall be composed of […] (three arbitrators / a sole arbitrator)
- The seat of arbitration shall be […] (Russian Federation)
- The language to be used in the arbitral proceedings shall be […] (Russian / English)
- This contract shall be governed by the substantive law of […]
- An arbitral award shall be final, binding upon the parties and not subject to set aside proceedings