Arbitration provisions in the Hamburg Rules

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.).

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 applicants and the respondents were the claimants and respondents in an international arbitration conducted in Singapore pursuant to the Rules of Conciliation and Arbitration of the International Chamber of Commerce.

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.

However, it was also observed that the variety of potential locations for arbitration could be seen as an advantage of the Hamburg Rules in terms of promoting the development of arbitration by providing for it in different locations, but with reference to the same set of rules.

(iv) Commonwealth Telecommunications Organization arbitration and conciliation rules for a dispute resolution centre (from December 2004)

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 was only a proposal to change the seat of the arbitration from Jakarta to Singapore under the SIAC Rules.

When a dispute arose, the claimant initiated arbitration proceedings in Hamburg, according to the rules of the German Coffee Association.

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

Finds that the arbitration proceedings instituted by the Claimant come within the competence of the Arbitration Court of the International Chamber of Commerce and that the Arbitrator has jurisdiction to adjudicate upon the dispute in conformity with Article 13(3) of the Rules of Conciliation and Arbitration of the ICC.

According to the Association's Arbitration Rules, the tribunal had to decide disputes instead of state courts and its independence was warranted.

The view was also expressed that the Working Group should consider the adoption of arbitration rules similar to those found in article 22 of the Hamburg Rules, and already included for consideration in the arbitration chapter in A CN.9 WG.III WP.32 and A CN.9 WG.III WP.56.

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

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

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

It had also been suggested that issues arising from online dispute resolution and the possible revision of the UNCITRAL Arbitration Rules might need consideration.

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

Other concerns were expressed that if a rule with respect to recognition and enforcement were introduced with respect to jurisdiction, a similar rule would likely be necessary regarding arbitration, and that this could touch upon sensitive issues in the context of international arbitration rules.

In response, concern was raised that creating rules regarding third parties could amount to impinging on the domain of the New York Convention regarding the enforceability of arbitration agreements.

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

There is a significant analogy with the question of the effect of an outbreak of hostilities upon a clause providing for arbitration under the rules of the International Chamber of Commerce.

arbitration clause

Effect of an arbitration agreement

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

arbitration submission to

arbitration agreement validity

Arbitration Amicable settlement

Arbitration Chapter 16

Jurisdiction and Arbitration

Arbitration Chapter 17

Article 7. Definition of arbitration agreement

The ECC provided that any dispute should be settled by arbitration at the place to be named by the parties under the rules and practices of the local coffee trading association.

Despite its minimal content ( Arbitration Hamburg ), the clause was valid because when read in conjunction with the EEC it referred to the rules of German Coffee Association, the local coffee trading association.

Article 83. Arbitration agreements

Arbitration progress report of Working Group II.

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

68. To conclude, there is no doubt in my mind that, when the Claimant filed with the Court of Arbitration of the ICC a request for arbitration, there was in existence between the parties a valid and binding agreement to arbitrate under the ICC rules, even assuming that there had been a state of war between India and Pakistan.

It was observed that this approach would preserve the existing practice in non liner trade where recourse to arbitration under charter parties and charter party bills of lading was not uncommon, ensure uniformity of rules, and favour freedom of contract while preventing possible circumvention of jurisdiction rules under the draft instrument.

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.

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

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.