ARBITR.LAW
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Supreme Court, 11 July 2018, 305-ES17-7240

Supreme Court: procurement under 223-FZ is not automatically non-arbitrable

Case A40-165680/2016 and the limits of its arbitrability holding.

Facts

Enforcement of a construction award raised arbitrability objections concerning procurement by a publicly owned company.

Holding and outcome

The Supreme Court upheld the writ. Application of 223-FZ did not itself establish a statutory prohibition; evidence of a budget-financing violation had not been produced.

Limits of the holding

Do not extend this holding to state contracts under 44-FZ or every procurement category. Current law, contract type and procedural-code restrictions must be checked.

Sources and legal references

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