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Do nachala arbitrazhnogo processa ljubaja iz konfliktujuschikh storon mozhet osporit v gosudarstvennom sude samu arbitrazhnuju ogovorku o peredache spora v arbitrazh. V etom sluchae sud, ustanavlivaya polnotu voleiz'yavlenie storon, otsenivaet arbitrazhnuju zapis s tex positsii s kotorykh on otsenivaet ljuboi chastny dogovor uchastnikov rynochnogo oborota.
So far I have the following:
before the arbitration proceedings begin, either of the conflicting parties may contest in a court of law the arbitration clause stipulating the referral of a dispute to arbitration. In such cases, the court, having established the full extent of the parties' xxx considers the arbitration clause as it would any private agreement between parties to a commercial relationship