Defects of Arbitration Clauses in the Consideration of Commercial Disputes

Abstract

The article is devoted to the analysis of defects in arbitration clauses that create problems when considering disputes between participants in cross-border commercial disputes. The authors note that the main negative consequence of the presence of pathology in the reservation is the inability to consider the dispute on its merits until the dispute is resolved on the establishment of a body competent to consider the dispute, which ultimately leads to the need for the parties to apply to the state courts for resolution of a commercial dispute. Using specific examples, the authors demonstrate defects that are very often allowed by the parties when concluding an arbitration agreement. The purpose of addressing this topic is to fix and analyze the defects often identified in the practice of international commercial arbitration, leading to the pathology of the arbitration clause. On this basis, the authors have given separate recommendations to avoid defects in the wording of the text of the arbitration clause.