Dmitry Kaysin, Partner with RGD Dispute Resolution practice, shared his experience on implementation of so-called “cooling-off period” clauses frequently included in international investment treaties. The article authored by Dmitry and paralegal Aigul Urmantseva is published in International Commercial Arbitration Review.

“Cooling-off Period” clauses are designed to conciliate conflicting parties prior to recourse to international arbitration. The wording of such clauses is not identical and arbitral tribunals interpret them differently. The authors study the nature of these clauses, the consequences of not-complying with their conditions and answer the question of whether a shorter “cooling off period” can be incorporated into parties’ relations from another investment treaty.

The International Соmmercial Arbitration Review is a Russian journal focused on the issues of international commercial and investment arbitration in Russia and abroad. The journal provides information about the tendencies, events and nuances in modern international commercial and investment arbitration, publishes articles by leading Russian experts in this sphere. The journal is issued by the Association of Researchers in Private International and Comparative Law with the participation of The Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Russian Federation and E-library Nauka Prava. The Review is included in the authoritative database Kluwer Arbitration. 

The article in English is available in International Commercial Arbitration Review 2021 №1-2.