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MAL 146: 18, 34(2)
Russian Federation: Moscow City Court
10 November 1994
Original in Russian
Unpublished
The plaintiff, whose claim in arbitration proceedings had been dismissed, filed an application to have the award set aside on the grounds that in the course of the arbitration proceedings article 18 of the Russian Federation Act on “international commercial arbitration” (corresponding to art. 18 MAL) had been violated in that the parties had not been treated with equality and the award was in conflict with public policy.
The plaintiff argued that the decision to dismiss the claim had been made despite the fact that the defendant partially acknowledged the claim brought against it. In that regard, the court held that such acknowledgement did not constitute grounds for setting aside the award since, in making the award, the arbitrators were not bound by an acknowledgement of the claim.
Since the plaintiff failed to establish that the award was in conflict with public policy, its claim in that respect was found to be unjustified. At the same time, the court noted that a procedural infringement in the arbitral proceedings had no relevance to the notion of “public policy”.
On the basis of the facts presented, the court dismissed the plaintiff's application to
set aside the arbitral award.
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