The arbitrability of corporate disputes in terms of exclusive and special jurisdiction

The article analyzes the Arbitration Procedure Code of the Russian Federation, the International Commercial Arbitration Act and case law of the Russian Federation for the arbitrability of corporate disputes. The article criticizes the approach according to which corporate disputes are non-arbitrable. The article gives an insight into the viewpoint which prohibits the arbitrability of corporate disputes by criticizing the major arguments of the Russian Courts used in their judgments. The article argues that the rules of the Arbitration Procedure Code of the Russian Federation on special jurisdiction do not limit the right of the party to choose alternative dispute resolution, instead of the State’s Court ruling. Moreover, the rules, concerning exclusive jurisdiction do not apply to the arbitrability of the dispute. The Constitutional Court ruled out that the «exclusive jurisdiction» category does only apply to differentiate the Commercial Courts’ jurisdiction from the General Courts’ jurisdiction. The article also suggests an amendment to article 225.1 of the Arbitration Procedure Code of the Russian Federation admitting the arbitrability of corporate disputes.