Vladimir Shalayev, lawyer, BMS Law Firm, noted that the claimant is quite in its right to challenge these clauses. “ The fact that the contract was agreed on and signed by the parties does not lead to the parties’ inability to challenge its validity in full or in part in future”, he explained.

However, the Siemens claim has more chances to succeed, “since sovereignty cannot be impaired by these contractual clauses”, the lawyer emphasized.