МКА

The question of the applicable law to an arbitration agreement cannot be decided in accordance with the chosen substantive law.

Subparagraph "d" of paragraph 1 of Article 5 of the New York Convention provides that parties have the right to choose a separate procedural law that will apply to the arbitration agreement. In the event that such right is not chosen by the parties the procedural right of the place of trial shall apply. Similar provisions exist in the Convention on Foreign Trade Arbitration. So the parties' choice of the applicable law in the arbitration agreement only affects the choice of procedural, but not substantive law.

Consequently, if we assume that they have chosen exclusively the procedural law, then the substantive law should be determined by paras. 16, paragraph 2 of Art. 1211 Civil Code, according to which the material law of the country where the service provider is located should be applied.

In such a case, matters of substantive law must be resolved in accordance with the conflict-principal clause of cl. 16, paragraph 2 of Art. 1211 Civil Code, this right will be the law of the Russian Federation, in which the contractual legal relationship with the expiry of the contract does not cease. So the scope of the agreement will extend to legal relations after the expiry of the contract.

If we assume that the parties have chosen the substantive law in the agreement (this is possible, the exact answer depends on the contents of the agreement), then the effect of the reservation on the material legal relationships of the parties will be valid, and then the disputes will not be covered after the expiration of the contract by the arbitration clause.

According to the Civil Code of the Russian Federation, the material law applicable to the contract will be the law of the Russian Federation. In the Russian practice there is a stable position, according to which the expiry of the contract term does not terminate contractual obligations in itself.

According to paragraphs from paragraph 1 of the New York Convention in the performance of an arbitral award may be refused if it contains rulings on matters that go beyond the scope of the arbitration agreement or arbitration clause in the treaty, however, that if the decisions on matters covered by the arbitration agreement or reservation, may be separated from those not covered by such an agreement or reservation, that part of the award that contains decisions on matters covered by the arbitration agreement or arbitration clause in the OVOR may be recognized and enforce

Аналогичные положения содержатся в ч. 2 ст. 34 Закона о МКА и ч. 3 ст. 244 АПК РФ

The plaintiff is right, who noted that the choice of the applicable law will determine the scope of the material legal relationship to which the arbitration agreement will apply.