Disputes from the contracts signed on 223-FZ can consider the arbitration courts

14 April 2017, Friday

The Ministry of Economic Development has specified in the letter: in the draft agreement, concluded under the Law N 223-FZ, it is possible to provide the arbitration reservation.
In turn, FAS in 2015 stated other position. So, agreements on transfer to the arbitration courts of disputes from the contracts signed by results of a procurement procedure under the Law N 223-FZ are invalid. According to antimonopoly service, the principles of arbitration trial don't allow to provide the purposes of the Law N 223-FZ.
Approach of courts concerning legitimacy of inclusion in the contract under the Law N 223-FZ of the arbitration reservation is ambiguous.
We will note if the customer nevertheless decides to include in the draft agreement a condition about consideration of the disputes arising from him in the arbitration court, then it is better for customer to provide such opportunity in the provision on purchase.
Document: The letter of the Ministry of Economic Development of the Russian Federation from 1/27/2017 N D28i-337

SUBSCRIBE FOR NEWS
All content on this site is licensed under
Creative Commons Attribution 4.0 International