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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Arbitration

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arbitration clause

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 83. Arbitration agreements

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.

Effect of an arbitration agreement

(b) the arbitration procedure or

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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

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 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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Willem C. Vis International Commercial Arbitration Moot

Proposed revised text for chapter on arbitration

Arbitration progress report of Working Group II.

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.

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.

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

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

Article 84. Arbitration agreement in non liner transportation

(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)

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 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