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ARTICLE · 05 APRIL 2019

VIAC's Recommendation For A Model Arbitration Clause Involving Russian Parties

As every arbitration institution, the Vienna International Arbitral Centre ("VIAC"), too, recommends a certain model arbitration clause to be agreed upon by parties intending to submit their disputes to VIAC.

RussiaLitigation, Mediation & Arbitration

As every arbitration institution, the Vienna International Arbitral Centre ("VIAC"), too, recommends a certain model arbitration clause to be agreed upon by parties intending to submit their disputes to VIAC. While it is indeed not obligatory to use such model arbitration clause, it is highly advisable to do so. Apparently in the wake of a decision of the Supreme Court of the Russian Federation ("Russian Supreme Court") of 26 September 2018 (Case no. 305-ЭС18-11934), VIAC is recommending certain additions to its model arbitration clause in case Russian parties are involved.

It is reported that in the mentioned decision, a judge of the Russian Supreme Court upheld decisions of lower courts refusing to enforce an ICC award on the ground that, inter alia, the underlying ICC arbitration clause (which was apparently almost identical to the current standard ICC clause recommended on the ICC's website, see https://iccwbo.org/dispute-resolution-services/arbitration/arbitration

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