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.

(i) For the validity of the arbitration agreement (New York Convention, article II (1) and (2)

The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) requires arbitration agreements to be in writing.

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

Arbitration is now more widely accepted than when the New York Convention and the MAL were negotiated.

m The Convention only applies with regard to Malta with respect to arbitration agreements concluded after the date of Malta's accession to the Convention.

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

keywords arbitration agreement arbitration clause arbitrators competence judgement

It was further explained that the basic principle of the New York Convention did not require general recognition of all arbitration agreements, but only non discrimination of arbitration agreements vis à vis jurisdiction clauses.

Arbitration

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

Nothing in this Convention affects the enforceability of an arbitration agreement in a contract of carriage in non liner transportation to which this Convention or the terms of this Convention apply by reason of

(ii) To request a court before which an action has been brought relating to a dispute forming the subject of an arbitration agreement to refer the parties to arbitration (New York Convention, article II(3)) and

Subject to article 85, if a contract of carriage subject to this Convention includes an arbitration agreement, the following provisions apply

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

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

Noting that the Convention has served as a model for subsequent multilateral and bilateral treaties and other international legislative texts on arbitration,

There was support for the view that the draft convention should permit the untrammelled enforceability of arbitration agreements in contracts of carriage.

Draft articles 83, 84 and 85 should be retained in a draft chapter on arbitration of the draft convention for future discussion

It would be meaningless to accept that an arbitration agreement could be concluded by electronic means without establishing the criteria for functional equivalence between the agreement and the original paper based document, since the New York Convention itself required a party demanding enforcement of an arbitration award to produce the original of the arbitration agreement.

Though other international conventions apply to the cross border enforcement of arbitration awards, the New York Convention is by far the most important.

arbitration submission to

arbitration agreement validity

Arbitration Amicable settlement

Arbitration Chapter 16

Jurisdiction and Arbitration

Arbitration Chapter 17

Article 83. Arbitration agreements

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.

In addition, Taiwan has not been permitted to adopt the Convention (but generally enforces foreign arbitration judgments) and a number of British Overseas Territories have not had the Convention extended to them by Order in Council.

Effect of an arbitration agreement

(b) the arbitration procedure or

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The Polish Courts, however, refused enforcement, pointing out the lack of a valid arbitration agreement fulfilling the form requirements of article II of the New York Convention.

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.

unless the arbitration agreement otherwise provides.

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Arbitration provisions in the Hamburg Rules

Article 7. Definition of arbitration agreement

The agreements concerned were the Protocol on Arbitration Clauses signed on 24 September 1923 and the Convention on the Execution of Foreign Arbitral Awards dated 26 September 1927.

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

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 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.