Cases relating to the UNCITRAL Model Arbitration Law (MAL)

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

Arbitration provisions in the Hamburg Rules

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

(nn) Conference on arbitration law sponsored by R.I.Z., UNCITRAL and DIS and Petersberger Arbitration Days 2005 (Cologne and Petersberg, Germany 2 5 March 2005)

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

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

It was suggested that the Working Group should seek the opinion of UNCITRAL Working Group II (on arbitration) on the provisions of the draft convention relating to arbitration.

It was also pointed out that the draft instrument should be in line with arbitration related UNCITRAL instruments.

These documents may also be found on the UNCITRAL website (www.uncitral.org) under Working Groups and Working Group on Arbitration .

(hh) Lecture on the UNCITRAL Model Law on International Commercial Arbitration and the UNCITRAL Model Law on International Commercial Conciliation sponsored by the University of Valencia (Valencia, Spain 26 November 2004)

The Working Group was reminded of the work currently under way in UNCITRAL Working Group II on arbitration to define provisional measures.

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.).

(j) UNCITRAL Model Law on International Commercial Arbitration (1985) (new legislation adopted on the basis of the Model Law in Chile and the Philippines)

UNCITRAL tasked the Working Group on Arbitration with examining the possibility of resolving the problems created by these practices, which give rise to uncertainty.

It supported the Commission's hope the Working Group would present its proposals for final review and adoption in 2006. It was also pleased to note that the thirtieth anniversary of the UNCITRAL Arbitration Rules was to be celebrated and would attend the 2006 Vienna conference.

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.

Articles 7, 8(1) and 35 of the UNCITRAL Model Law on International Commercial Arbitration (MAL) contain provisions similar to those of the New York Convention.

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

(vi) Ljubljana, Slovenia (18 19 February 2005), participation in the Working Group on Reform of Arbitration Law to assist with the drafting of new Slovenian legislation based on the UNCITRAL Model Laws on International Commercial Arbitration and International Commercial Conciliation (5 participants)

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).

The Working Group suspended its deliberations in order to complete the UNCITRAL Model Law on International Commercial Conciliation and the draft provisions relating to interim measures in arbitration.

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.

The removal of legal obstacles to electronic commerce a useful transposition to the international order of UNCITRAL Model Law rules.

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.

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.

It was added that such outcome was not only unusual in modern trade law, but also contrary to basic arbitration principles as contained in a number of widely accepted texts such as the New York Convention, and in particular its article II (3), and the UNCITRAL Arbitration Model Law.

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

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.

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

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.

keywords arbitration agreement arbitration clause arbitrators competence judgement

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

In preparation for the forty third session of Working Group II (Arbitration and Conciliation), during which the Working Group is expected to proceed with its review of a revised draft article 7 of the UNCITRAL Model Law on International Commercial Arbitration (see the report of the forty second session, A CN.9 573, para.

Arbitration

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

(b) UNCITRAL Trust Fund to grant travel assistance to developing countries members of UNCITRAL

For UNCITRAL instruments to gain universal acceptability, participation in UNCITRAL meetings should be inclusive.

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

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

arbitration clause