(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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Arbitration

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arbitration clause

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

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.

arbitration submission to

arbitration agreement validity

Arbitration Amicable settlement

Arbitration Chapter 16

Jurisdiction and Arbitration

Arbitration Chapter 17

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.

Effect of an arbitration agreement

(b) the arbitration procedure or

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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

Article 7. Definition of arbitration agreement

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

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

(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)).

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.

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Willem C. Vis International Commercial Arbitration Moot

Proposed revised text for chapter on arbitration

Arbitration progress report of Working Group II.

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 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.

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

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

Article 84. Arbitration agreement in non liner transportation