Arbitration provisions in the Hamburg Rules

The aim of these new Rules which are based on the UNCITRAL Arbitration Rules is to offer a modern set of Rules to States wishing to submit disputes to the Permanent Court of Arbitration.

Both sets of rules were based on the 1976 UNCITRAL Arbitration Rules, and had been developed for the PCA by an international group of 25 experts in international law and arbitration.

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.).

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 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.

Among the most significant features of arbitration under the new optional rules were procedural flexibility and party autonomy.

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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.

One of the objectives of these centres is to help in the promotion and implementation of the UNCITRAL arbitration rules.

One of the objectives of these centres is to help in the promotion and implementation of the UNCITRAL arbitration rules.

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

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.

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It was suggested to review the remarks bearing in mind existing rules on the closure by the arbitral tribunal of hearings (e.g., art. 29 of the UNCITRAL Arbitration 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.

In this way they are supporting the implementation of the United Nations Commission on International Trade Law (UNCITRAL) arbitration rules.

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).

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.

According to the Association's Arbitration Rules, the tribunal had to decide disputes instead of state courts and its independence was warranted.

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

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.

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Arbitration

ARBITRATION

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Permanent Court of Arbitration

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The dispute arose out of a sales contract for agricultural products which provided for arbitration under the Rules of the Commodity Exchange for Central Germany.

In this connection, the Ministry of Foreign Affairs had carried out a study on the application of rules of procedure in recent inter State arbitration proceedings.

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 clause

ARBITRATION COMMISSION

Effect of an arbitration agreement

123. One view supported deletion of paragraph 17 and of those parts of paragraph 16 that referred to modifications of the arbitration rules agreed upon by the parties.

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Article 7. Definition of arbitration agreement

United Nations Permanent Court of Arbitration.

Permanent Court of Arbitration, The Hague

arbitration submission to