Procedural issues of settlement of disputes arising from agreements of delivery between Russian and Chinese organizations: experience of the International commercial arbitration court at the chamber of commerce and industry of the Russian Federation

The article discusses the procedural problems of resolving disputes arising from contracts for the supply of goods concluded between Russian and Chinese companies. The focus is on analyzing the practice of applying paragraph 52 of the General Conditions for the Supply of Goods from the USSR to the People’s Republic of China and from the People’s Republic of China to the USSR (GCS USSR - PRC), which determines the procedure for resolving this category of disputes. Using the practice of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation, the author examines the legal status of the GCS USSR - PRC, different approaches to the qualification of the legal nature of paragraph 52 of this document in conjunction with the freedom of the parties to an agreement to conclude an arbitration agreement and in the case when they intend to resolve the dispute in the manner provided for in paragraph 52 of the GCS USSR - PRC, which will allow the arbitral tribunal to take into account the mo expressed will of the parties.