arbitration clause

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

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

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

The Court considered the applicability of the arbitration clause in the context of the warranty proceedings and concluded that a Court would normally not have jurisdiction to decide such a dispute, because of the arbitration clause entered into between the parties.

The wording of the arbitration clause according to which any dispute shall be determined by arbitration , was also sufficiently wide to cover the dispute at hand.

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.

(and article 16 MAL), the arbitrators would be solely competent to decide whether the arbitration clause covered the dispute.

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).

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.).

However, it was also agreed that, as a matter of general policy, the reference or other link to a written contractual document containing an arbitration clause should be sufficient to establish the formal validity of the arbitration agreement (ibid.).

Furthermore, no agreement had been reached in the correspondence exchanged in 1999 to amend the above mentioned clause and refer the dispute to arbitration in Singapore.

It would not be in line with the parties' interests to restrict the scope of the arbitration clause only to disputes concerning the quality of goods.

The Court held that notwithstanding the use of the term appraisers' and the evaluation functions included in the Arbitration' clause, it was clearly within the parties' understanding that the clause would require the appraisers to act as arbitrators before appraising the matter in monetary terms.

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.

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.

The main issue in appeal was whether a valid arbitration clause contained in the contract between the plaintiff and the respondent deprived the court of jurisdiction to hear and decide the incidental warranty action.

Saving clause

Arbitration

F. Martens Clause

arbitration submission to

arbitration agreement validity

Arbitration Amicable settlement

Arbitration Chapter 16

Jurisdiction and Arbitration

Arbitration Chapter 17

Article 83. Arbitration agreements

Tugu applied to the High Court under article 16 (3) MAL to declare the decision invalid, arguing that there was no agreement to refer the dispute to an arbitral tribunal in Singapore as the clause relied on did represent an arbitration agreement.

Effect of an arbitration agreement

(b) the arbitration procedure or

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It would be equally superfluous to discuss the question whether the parties did, or could contemplate, when accepting the arbitration clause, the possibility that a state of war' or of an armed conflict short of war could or would arise between Pakistan and India.

unless the arbitration agreement otherwise provides.

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Arbitration provisions in the Hamburg Rules

Article 7. Definition of arbitration agreement