Russian Court (Yet Again) Finds an Optional Dispute Resolution Clause Partially Void
In a decision rendered on 27 November 2014 the Rostov Region Commercial Court voided an optional dispute resolution clause (“lender’s option”) in a facility agreement. The said provision empowered only one of the parties to institute proceedings before any competent state courts despite the arbitration clause and an alternative provision providing for the exclusive jurisdiction of English courts. […]
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