KIAP, Attorneys at Law, defended the validity of the arbitration clause of the International Court of Arbitration of the ICC in the Russian court

19.06.2020

KIAP, Attorneys at Law, defended the validity of the arbitration clause of the International Court of Arbitration of the ICC in the Russian court
Photo: © Joel Filipe, Unsplash

The Principal of KIAP, Attorneys at Law, who appeared as a contractor, engaged a subcontractor to perform part of the work on the building site. The subcontractor performed the work improperly, so the contract with it was terminated and the subcontractor had to recover of losses to the Principal of KIAP.

The subcontracting agreement stipulated that all disputes between the parties are subject to consideration in court of the International Chamber of Commerce (ICC).

To prevent the ICC from considering a dispute on the recovery of losses from it, the subcontractor attempted to invalidate the arbitration clause and filed a corresponding claim in the Moscow City Arbitration Court. The claimant gave numerous arguments as to why the arbitration clause should be declared invalid. Such tactics were typical enough for unscrupulous potential defendants.

However, the Russian courts, taking heed of the arguments of the KIAP lawyers, refused to recognize the clause as invalid, thus demonstrating a pro-arbitration approach. Russian courts confirmed that a party that agreed without disagreements and claims has no right, after several years, to refer to the fact that the terms of the agreement were allegedly incomprehensible to the party and the arbitration clause could not be executed.

The Principal's interests in the project were represented by Partner Anna Grishchenkova and Senior Associate Natalia Kisliakova.


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International Commercial Arbitration

KIAP International Commercial Arbitration practice represents clients’ interests in international commercial arbitration in Russia and abroad, as well as before Russian courts in matters involving recognition and enforcement of international commercial arbitration awards, provides consultations on arbitration agreements, its validity and enforceability, on facilitation of out-of-court settlements and on strategies for international commercial arbitration. The practice is recommended by the international rating Legal 500 EMEA, Russian rankings Pravo.ru-300, Kommersant and Pravo-300 "Sympathy rating". The practice is led by Anna Grishchenkova, partner, LL.M., MCIArb. In 2020 Anna was appointed as Regional Representative of the Russian Federation in the IBA Litigation Committee for the second time, and during 2018-2020 she was a Co-Chair of the Young Litigation Lawyers Forum of IBA. In 2019 Anna was appointed Deputy Chairman of the ICC Russia Commission on Arbitration. Anna is also a Regional Ambassador at HK45 - Hong Kong International Arbitration Centre’s committee (HKIAC). Included into panel of arbitrators in Hong Kong (HKIAC) and into list of arbitrators in Austria (VIAC), Kuala Lumpur (AIAC), Korea (KCAB INTERNATIONAL) and Russia (the Board Member of the Russian Arbitration Center). Author of the book “Psychology and persuasion skills in dispute resolution”. 


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