Case 147: MAL 7(2), 16(1)(3)
Russian Federation: Moscow City Court
13 December 1994
Original in Russian
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.
UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW
CASE LAW ON UNCITRAL TEXTS (CLOUT)
Abstracts of cases
This compilation of abstracts forms part of the system for collecting and disseminating information on court decisions and arbitral awards relating to Conventions and Model Laws that have emanated from the work of the United Nations Commission on International Trade Law (UNCITRAL). Information about the features of that system and about its use is provided in the User Guide (A/CN.9/SER.C/GUIDE/1).
The abstracts have been prepared by national correspondents designated by their Governments. It should be noted that neither the national correspondents nor anyone else directly or indirectly involved in the operation of the system assumes any responsibility for any error or omission or other deficiency.
Copyright © United Nations 1996
All rights reserved.
Reproduced on this web site (www.interarb.com) with the kind permission of the United Nations, New York.
Database, typography, layout, etc. © interarb, 1999.