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Case 147: MAL 7(2), 16(1)(3)
Russian Federation: Moscow City Court
13 December 1994
Original in Russian
Unpublished
The plaintiff appealed to the court on the grounds that the arbitral tribunal had found that as no arbitration agreement existed between the the parties, the tribunal had no competence to examine the dispute that had arisen between them.
The court confirmed the right of the arbitral tribunal under article 16(1) MAL to rule on its own jurisdiction. The court found that the question of whether or not a written agreement existed between the parties regarding the procedure for examining disputes had been thoroughly investigated by the arbitral tribunal. The arbitral tribunal had found that at the time of conclusion of the contract, which gave rise to the dispute and which contained an arbitration clause, the person signing the contract on behalf of the defendant did not possess the necessary powers to do so.
On these grounds, the court upheld the ruling of the arbitral tribunal, namely that no
arbitration agreement existed in writing between the plaintiff and the defendant.
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