Arbitration Clause Incorporated into the General Terms and Conditions for the Supply of Goods from the USSR to the People’s Republic of China in 1990

The current stage of Russian-Chinese relations calls for analysis of existing regulations in order to regulate trade and economic relations with China, which is currently a key trading partner for the Russian Federation. The article examines certain provisions of a bilateral Treaty — the General Terms and Conditions for the Supply of Goods from the USSR to China and from China to the USSR in 1990. The author formulates the conclusion that the binding or optional application of international treaties should follow from the expression of the will of States, and not from judicial practice. The author also analyzes the mechanism of application of the alternative arbitration agreement incorporated into the said bilateral Treaty specified contract, provided for in paragraph 52. The article establishes that due to the dispositivity of the General Terms and Conditions for the Supply of Goods from the USSR to China and from China to the USSR in 1990, the parties in their agreement may apply to both arbitration and state courts. And only in the absence of the said agreement the compulsory jurisdiction of the arbitral tribunal should be provided for in paragraph 52 of the said bilateral Treaty.