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.

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.

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Arbitration

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arbitration clause

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

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arbitration agreement validity

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Arbitration Chapter 16

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Any NI seeking membership of the ICC Group of NIs is to apply to the Chairperson of the ICC, providing specific information as prescribed by the ICC rules of procedure.

Article 83. Arbitration agreements

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Effect of an arbitration agreement

(b) the arbitration procedure or

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To date, the ICC has accredited 50 NIs to form what is known as the Group of NIs of the ICC.

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13 Ibid., first session, New York, 3 10 September 2002 (ICC ASP 1 3) part IV, resolution ICC ASP 1 Res.4.

unless the arbitration agreement otherwise provides.

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Arbitration provisions in the Hamburg Rules

Article 7. Definition of arbitration agreement

The ICC Sub Committee on Accreditation continues to act in an independent capacity, though its recommendations must be endorsed by the ICC itself.

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