The court recalled that the state contract can not include an arbitration clause

6 June 2018, Wednesday

The state contract provided for the possibility to refer the dispute to an arbitration court. The arbitration court considered the dispute. The arbitration court refused to issue a writ of execution for the enforcement of its decision.

The Court of Cassation upheld the lower instance. He explained that the disputes under Law No. 44-FZ are not subject to arbitration courts. The consideration of such disputes violates the fundamental principles of Russian law.

It is important to note that the RF Supreme Court refused to consider this case at a session of the judicial panel on economic disputes.

Earlier, the Presidium of the RF Supreme Court indicated that the ban on the consideration of disputes under Law No. 44-FZ by arbitration courts was established in the agrarian and industrial complex of the Russian Federation. The court specified that the situation would change when a federal law on an arbitration institution appeared to settle such disputes.

Document:

Decree of the AU of the Moscow District on 01.11.2017 in the case N A40-146557 / 2017

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