Preparation of a model legislative provision on written form for the 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

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

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Proposed revised text for chapter on arbitration

Arbitration

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An advantage of the proposal in A CN.9 WG.III WP.54 was thought to be that it allowed for the resolution of the dispute either through arbitration at the specific location cited in the arbitration provision, or in a court in a location designated pursuant to draft article 75.

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.

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

In addition, there was some support for the inclusion of a provision along the lines of draft article 85 of the current chapter on arbitration requiring an arbitrator to apply the rules of the draft convention.

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.

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

Effect of an arbitration agreement

(b) the arbitration procedure or

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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.

At its forty third session, the Working Group noted that, given the intention that the provision on court ordered interim measure should apply irrespective of the country where the arbitration takes place, that provision should be added to the list of articles contained under article 1, paragraph (2).

unless the arbitration agreement otherwise provides.

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Arbitration provisions in the Hamburg Rules

Article 7. Definition of arbitration agreement

It allowed for quality arbitration as well as arbitral proceedings in the general sense.

Drafting comments were essentially concerned with refining the provision to make it unambiguously clear that arbitration agreements could be validly concluded by means other than in the form of paper based documents, for example, by electronic communications (A CN.9 508, para.

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.

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.

In enacting article 17 undecies, States might wish to consider grouping this provision with other provisions in the enacting legislation relating to certain functions of arbitration assistance and supervision performed by courts or other authority.

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