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

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For example, in France, Belgium, Sweden, Switzerland, the Netherlands and Italy, the written form requirement has been dropped, since no formal requirement is established for the arbitration agreement.

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.

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).

It would not be in line with the parties' interests to restrict the scope of the arbitration clause only to disputes concerning the quality of goods.

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.

The wording of the arbitration clause according to which any dispute shall be determined by arbitration , was also sufficiently wide to cover the dispute at hand.

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.

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(and article 16 MAL), the arbitrators would be solely competent to decide whether the arbitration clause covered the dispute.

In the light of this limitation, which sets the Oil Platforms case apart from the Nicaragua case, one might have expected the Court to engage in a straightforward exercise in treaty interpretation.

Examples were given of situations where such a reference in an oral contract to a set of arbitration rules should be accepted as expressing sufficiently the existence and contents of the arbitration agreement, particularly when the set of rules includes a model arbitration clause (ibid.).

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The Jury

arbitrability

Arbitration

Condition

The Court held that notwithstanding the use of the term appraisers' and the evaluation functions included in the Arbitration' clause, it was clearly within the parties' understanding that the clause would require the appraisers to act as arbitrators before appraising the matter in monetary terms.

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

award recognition of

Arbitration Chapter 16

Arbitration Chapter 17

Saving clause

arbitration clause

(b) the arbitration procedure or

Members of the jury are

Article 83. Arbitration agreements

F. Martens Clause

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

No dual criminality requirement

4120 Cash margin requirement

6142 Local content requirement

The Committee further recalls its jurisprudence that the citizenship requirement in these circumstances is unreasonable.

Article 7. Definition and form of the arbitration agreement

He also conducted arbitrations in Mexico.

Unqualified freedom to arbitrate

Article 7. Definition of arbitration agreement

(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

I will do it on condition that you support me.

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.

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

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