Pathological arbitration clause: plaintiff's tactics
We are delighted to let you know that an article by AEQUITAS Senior Associate Lyailya Tleulina was published in the December issue of Arbitration.ru magazine. The publication is dedicated to the issues of arbitration agreements, the performance of which is impossible or troublesome, including as a result of specifying incorrect rules, name or arbitration that does not exist at all.
During the recent years, the number of cases with such clauses has become much greater. To some extent, this happens due to the liquidation of the International Arbitration Court under the Chamber of Commerce and Industry (CCI). At the same time, to date, there are many contracts specifying the non‑existing CCI court as a dispute resolution authority. It is worth mentioning that, in fact, Arbitration Center Atameken under the National Camber of Entrepreneurs did not become a successor of the abolished arbitration authority.
This article contains a detailed analysis of the reasons for origination of defective arbitration agreements and proposes recommendations on the resolution of legal issues in this sphere through the example of two alternative options within the same arbitration case.