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

The view was expressed that parties should have complete freedom to conclude arbitration clauses and to rely on their application.

A setting aside application is not a process whereby facts which have already been established in the arbitration are being reassessed.

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However, concern was also expressed that recourse to arbitration might hinder the application of the rules of the draft instrument on exclusive jurisdiction.

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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.

keywords arbitration agreement arbitration clause arbitrators competence judgement

Proposed revised text for chapter on arbitration

Arbitration

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

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

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arbitration clause

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

(iii) To comply with the essential requirement that the arbitration agreement be supplied when application is made to a court or competent authority for recognition and enforcement of an award (New York Convention, article IV(1)).

Proposal by the Government of Mexico regarding written form for arbitration agreements, to be submitted to the UNCITRAL Working Group on Commercial Arbitration

Preparation of uniform provisions on written form for arbitration agreements

Article 85. Agreements for arbitration after the dispute has arisen

Preparation of uniform provisions on written form for arbitration agreements

arbitration submission to

arbitration agreement validity

Arbitration Amicable settlement

Arbitration Chapter 16

Jurisdiction and Arbitration

Arbitration Chapter 17

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

Amendment to Proposal by the Government of Mexico regarding written form for arbitration agreements, to be submitted to the UNCITRAL Working Group on Commercial Arbitration

Article 83. Arbitration agreements

The Working Group might wish to consider whether, taking account of the application of that Convention, the question of immunity is a matter that needs to be addressed in the context of arbitration from the perspective of a State agreement to participate in arbitration and enforcement of an arbitral awards against a State.

Application for assistance

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

Effect of an arbitration agreement

(b) the arbitration procedure or

keywords arbitrability arbitration agreement court

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

An ad hoc special chamber is a suitable alternative for parties considering arbitration.

Malaysia reserved the right specifically to agree in a particular case to follow the arbitration procedure set forth in article 35, paragraph 2, or any other procedure for arbitration.

It declared that to refer a dispute relating to interpretation and application of the Convention to arbitration or the International Court of Justice, the agreement of all parties concerned in the dispute was necessary.

It declared that to refer a dispute relating to interpretation and application of the Protocol to arbitration or the International Court of Justice, the agreement of all parties concerned in the dispute was necessary.

unless the arbitration agreement otherwise provides.

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Arbitration provisions in the Hamburg Rules