Unqualified freedom to arbitrate

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The Jury

arbitrability

Arbitration

(ii) To request a court before which an action has been brought relating to a dispute forming the subject of an arbitration agreement to refer the parties to arbitration (New York Convention, article II(3)) and

The distinction between arbitration clause and arbitration agreement is no longer relevant.

award recognition of

Arbitration Chapter 16

Arbitration Chapter 17

In such a case, the writing containing the arbitration clause constitutes the arbitration agreement for the purposes of article 35.

Furthermore, it gave notice of its intention to rely on the arbitration clause contained in the policy , which referred to appraisers', but proposed to have the arbitration held in Singapore under the Singapore International Arbitration Centre Rules.

The respondent also argued before the enforcement court that the arbitral tribunal lacked jurisdiction for the reason that the arbitral award dealt with damages in tort as well as in contract.

Accordingly, the Court agreed with the tribunal that the arbitration was commenced under the Arbitration clause with the 3 add on' proposals agreed by the parties (i.e. an arbitration to be held in Singapore, with SIAC Rules and in English).

(b) the arbitration procedure or

Members of the jury are

Article 83. Arbitration agreements

(i) commencing arbitral proceedings pursuant to the terms of the arbitration agreement in a place specified therein, or

The Court of Appeal directed that all issues between the claimant and the respondent be referred to arbitration.

I call on all to respect the arbitration and to enter into a peaceful dialogue on how to implement the decisions.

A number of delegations made clear that their starting position when arbitration had first been discussed during the fourteenth session of the Working Group had been in favour of unqualified freedom to arbitrate.

The Court considered the applicability of the arbitration clause in the context of the warranty proceedings and concluded that a Court would normally not have jurisdiction to decide such a dispute, because of the arbitration clause entered into between the parties.

Article 7. Definition and form of the arbitration agreement

He also conducted arbitrations in Mexico.

Article 7. Definition of arbitration agreement

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(ii) the arbitral tribunal's decision with respect to the provision of security in connection with the interim measure issued by the arbitral tribunal has not been complied with or

The dispute arose out of a charter party entered into by the claimant and the respondent, providing for arbitration under the rules of the German Maritime Arbitration Association (GMAA) in Hamburg.

a ZPO, based on article 34 (2) (a) (i) MAL, was to be applied by analogy to the case in which the arbitral tribunal declared the arbitration agreement invalid.

However, it was also observed that the variety of potential locations for arbitration could be seen as an advantage of the Hamburg Rules in terms of promoting the development of arbitration by providing for it in different locations, but with reference to the same set of rules.

The use of the word may in the arbitration clause was to be interpreted to mean that either party had an option to proceed with arbitration, and not that the submission of disputes to arbitration was optional.

(c) the confirmation or the setting aside of the award,

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(i) a place specified in the arbitration agreement, or

If, within six months of the date of the request for arbitration, the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of Justice, by application, in conformity with the Statute of the Court.

In addition, caution was raised with respect to the possibility of over regulating arbitration, thus affecting its effectiveness.

It relied on articles 34 (2) (a) (iii) and 36 (1) (a) (iii) MAL and stated that these matters did not fall within the terms of submission to arbitration and were beyond the scope of arbitration.

Furthermore, it was indicated that a restriction on the effectiveness of arbitration agreements was a consequence of maritime trade practice, which saw restrictions of freedom of arbitration in certain circumstances and trades.

An arbitration agreement is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.

The enforcement court found that the lack of competence of the arbitral tribunal could not be invoked at the time of the recognition of the arbitral award.

The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) requires arbitration agreements to be in writing.

(1) Arbitration agreement' is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.

In addition to that, she also has a great interest in arbitration and, in particular, in university didactics.