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6 Arbitration Agreements

From: Russian Arbitration Law and Practice

Hiroshi Oda

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 May 2024

Subject(s):
Arbitral agreements — Awards — Interpretation of award

This chapter addresses arbitration agreements. The basis of arbitration is the arbitration agreement, which represents the intention of the parties to refer the dispute to arbitration. The court to which an action was taken on the subject matter of an arbitration agreement must terminate the procedure and refer the parties to arbitration, provided that either party applies for termination of the procedure not later than that party’s first submission on the merits of the case. This does not apply if the arbitration agreement is invalid, has lost effect, or is unenforceable. If an action was taken in court, the arbitration process may start, or continue, while the court is yet to decide on jurisdiction. The chapter considers the form of arbitration agreement, the court practice on arbitration clauses, and the scope of the arbitration agreement.

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