ARBITR.LAW
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Supreme Court, 21 November 2022, 304-ES22-6536

Supreme Court: assumed institutional connections are insufficient

Clause validity and a particular arbitrator’s impartiality are distinct issues.

Facts

The circuit court questioned an institution associated with SoyuzMash over organisational connections. The first and appellate courts had left the state-court claim without consideration because of the clause.

Holding and outcome

The Supreme Court reversed the circuit ruling and restored the earlier orders: manifest invalidity or inoperability had not been established and the concerns were speculative.

Limits of the holding

This concerned referral to arbitration. It did not decide a challenge to a particular arbitrator or certify a future tribunal’s impartiality.

Sources and legal references

General information. The applicable legal framework depends on the particular dispute, seat and enforcement country.