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Judgment of the Presidium of the Supreme Commercial Court of 21 June 2012 № 1831/12 in the case “Russian Phone Company” vs The company “Sony Ericsson Mobile Communicational Rus”

Point of law: whether a choice-of-court clause in an agreement may confer the right to apply to a competent State court upon only one party and deprive the other party of the same right, thus leaving to it only the opportunity to apply to an arbitration court?

Judgment of the Presidium of the Supreme Commercial Court of 18 October 2011 № 6478/11 in the case “Afro-Asia Consulting Inc.” vs Friedel Gerhard Wilms (Germany)

Points of law: 1) whether an arbitration clause contained in a contract may be still valid after the expiry of the term of such contract, provided that the parties to it have made it clear by their behavior that they regard the contract as being in force in spite of the expiry of its term; 2) whether it is open for an arbitration court to determine the applicable law, or the court must in all cases apply the law which is referred to in the arbitration clause.

 

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