Fate of the Unilateral Option Clause Finally Decided in Russia

By: Yelena E. Archiyan[*]
For years, arbitration courts in Russia have upheld over and over again the validity of the so called unilateral option clause (“UOC”). But everything changed on June 19, 2012, when the Presidium[1] of the highest arbitration court of the Russian Federation[2] held in Russian Telephone Company v. Sony Ericsson Mobile Communications Rus that such clauses are invalid and unenforceable.[3] In 2009, Russian Telephone Company (“RTC”) entered into an agreement with the Russian subsidiary of Sony Ericsson, Sony Ericsson Mobile Communications Rus (“Sony Ericsson”) for the distribution of Sony Ericsson phones.

The NYU Journal of International Law and Politics is proud to once again partner with Opinio Juris for an online symposium around