Arbitrability of disputes is a very topical issue in the field of international commercial arbitration. Each country determines which disputes are considered to be arbitrable. Therefore, when including an arbitration clause into a contract, the parties should assess the arbitrability of any potential dispute from the viewpoint of the legislation applicable to international commercial arbitration, as well as the legislation of the country where the award is intended to be enforced. As for the arbitrability of disputes in Russia, recent judicial practice has developed approaches in the area (particularly with regard to corporate and real estate disputes) that should be taken into account.
In our legal review we cover:
- general rules;
- arbitrability of corporate disputes;
- arbitrability of real estate disputes.
Author - Evgenia Evdokimova, Associate at EPAM.
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