The outcome of a complex and an expensive arbitral proceeding might be destroyed due to shareholders derivative actions of a loosing party. Whether a shareholder is bound by an arbitration agreement? The answer is done on my post in respect of Russian perspective.
I hope the topic would be useful to everyone who deals with Russian entities.
Any suggestions or comments are very welcome!
The post is published on Kluwer Arbitration Blog (in English).
The issue of a unilateral (optional, alternative, hybrid) arbitration clause is highly controversial in commercial arbitration. The approach to these clauses varies from jurisdiction to jurisdiction. In 2012, the Supreme Arbitration Court of Russia (a state court), in Russian Telephone Company v. Sony Ericsson, declared a unilateral arbitration clause invalid. The decision attracted attention of arbitration participants both in Russia and abroad.
Continue reading “The Evolution of Unilateral Arbitration Clauses in Russia”