Friday, May 27, 2011

Constitutional Court Confirms Arbitrability of Real Property Disputes

Russia's Constitutional Court ruled that if a private arbitral award in a contractual dispute over real property requires a transfer of the property, with an accompanying change in the state real property register, such action of the registration bodies should not be considered a matter of administrative and public law and thus beyond the permitted competence of private arbitration. Rather, the essence of such a case involves contractual and civil law relations, which are arbitrable. The ruling was issued in response to an inquiry by the Supreme Arbitrazh (Economic) Court in which that court disputed the authority of private arbitrators to decide real property disputes.

http://www.clj.ru/news/62896.html

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