keywords arbitral awards arbitration agreement arbitration agreement validity arbitration clause award enforcement form of arbitration agreement formal requirements

keywords arbitrability arbitral tribunal arbitration agreement arbitration clause award setting aside form of arbitration agreement formal requirements writing

keywords arbitral awards arbitration agreement arbitration agreement validity arbitration clause award setting aside competence jurisdiction kompetenz kompetenz remission of award

keywords arbitration agreement arbitration clause arbitrators competence judgement

arbitration agreement validity

Effect of an arbitration agreement

keywords arbitral awards arbitral tribunal arbitration agreement arbitration agreement validity arbitration clause award award setting aside competence jurisdiction kompetenz kompetenz

keywords arbitral tribunal arbitration clause arbitration agreement arbitration submission to interim award jurisdiction

Article 7. Definition of arbitration agreement

keywords arbitrability arbitration agreement court

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

An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.

unless the arbitration agreement otherwise provides.

keywords award arbitration agreement arbitrator court

Article 7. Definition and form of the arbitration agreement

Article 84. Arbitration agreement in non liner transportation

The carrier may demand arbitration proceedings pursuant to the terms of the arbitration agreement only if the person asserting the claim against a carrier institutes court proceedings in a place specified in the arbitration agreement.

(a) the validity, interpretation or application of the arbitration agreement

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

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

The statutes of the honorary board did not constitute a valid arbitration agreement.

Preparation of a model legislative provision on written form for the arbitration agreement

(ii) by an arbitration agreement or in a written contract or

It would be meaningless to accept that an arbitration agreement could be concluded by electronic means without establishing the criteria for functional equivalence between the agreement and the original paper based document, since the New York Convention itself required a party demanding enforcement of an arbitration award to produce the original of the arbitration agreement.

The additional proposals made by Magma in their notice of arbitration of 6 October 1999 did not constitute a proposal for a new arbitration agreement.

Draft text of model legislative provision on written form for the arbitration agreement, revising article 7 of the UNCITRAL Model Law on International Commercial Arbitration

The respondent objected, invoking the Polish judgment and the lack of a valid arbitration agreement.

As stipulated in the Comprehensive Peace Agreement, its arbitration is definitive and binding.

(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.

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.

Remarks on the draft text of model legislative provision on written form for the arbitration agreement, revising article 7 of the UNCITRAL Model Law on International Commercial Arbitration

(i) For the validity of the arbitration agreement (New York Convention, article II (1) and (2)

It was indicated that the effect of draft subparagraph 83 would be to allow courts, under certain conditions, to declare that, despite an arbitration agreement entered into in good faith, the arbitration agreement would not be binding on the parties.

The failure by Magma to sign the Submission to Arbitration could not affect the agreement.

The form of the arbitration agreement is more restrictive than the freedom of form in commercial contracts a contract involving a transaction worth a hundred million dollars may be concluded verbally, but the arbitration agreement relating to that contract must be in writing.

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.).

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

The Court noted that certain parties involved in litigation were not parties to the arbitration agreement.

Preparation of uniform provisions on interim measures of protection and on the requirement that an arbitration agreement be in writing.

Preparation of uniform provisions on interim measures of protection and on the requirement that an arbitration agreement be in writing

The problem of the legal validity of the arbitration agreement would disappear in countries adopting the amendment to the MAL.

Preparation of uniform provisions on interim measures of protection and on the requirement that an arbitration agreement be in writing.

Preparation of uniform provisions on interim measures of protection and on the requirement that an arbitration agreement be in writing

There are some countries in which the arbitration agreement is no longer required to be in writing.

(b) If a person asserts a claim against a carrier, then the carrier may demand arbitration proceedings pursuant to the terms of the arbitration agreement only if that person institutes court proceedings in