The author analyzes the dispute between two commercial organizations that was resolved by the arbitrage. As part of the consideration of the issue of a writ of execution for a decision of the arbitration court, the arbitration courts considered the dispute non-arbitrable. Then, one of the parties decided to apply for the protection of their rights to a state court in this dispute, but was refused due to violation of the rules of jurisdiction. The Supreme Court sided with the applicant and substantiated the conclusion that applying to the arbitration court for nonarbitrable dispute in the presence of an arbitration clause in the contract does not mean violation of the rules of jurisdiction and does not affect the statute of limitations.

Translated title of the contributionABOUT ARBITRABILITY AND LIMITATION OF ACTION IN A CERTAIN DISPUTE
Original languageRussian
Pages (from-to)152-155
JournalТРЕТЕЙСКИЙ СУД
Issue number3/4 (119/120)
StatePublished - 2019

ID: 52758101