Unqualified freedom to arbitrate

A number of delegations made clear that their starting position when arbitration had first been discussed during the fourteenth session of the Working Group had been in favour of unqualified freedom to arbitrate.

Furthermore, it was indicated that a restriction on the effectiveness of arbitration agreements was a consequence of maritime trade practice, which saw restrictions of freedom of arbitration in certain circumstances and trades.

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

It was observed that the effect of draft subparagraph 83 (b)(ii) would be a further expansion of freedom of arbitration in the liner industry.

The General Legal Division concluded that the mandatory use of alternative dispute resolution mechanisms, before a dispute is submitted to arbitration, would not always be in the interests of the Organization.

Scepticism was expressed regarding whether it was necessary to safeguard the jurisdiction regime set out in the draft convention by reducing the freedom to arbitrate in the liner industry, which had never made broad use of arbitration, and, it was suggested, was unlikely to do so to thwart jurisdiction.

keywords award arbitration agreement arbitrator court

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A Safer Path to Asylum

The right to pursue justice through the courts.

The Jury

arbitrability

Arbitration

(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

Article 13 Access to justice

Resort to arbitral or judicial proceedings

The rise of technical measures

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

award recognition of

Arbitration Chapter 16

Arbitration Chapter 17

There was no question of violence.

(a) who uses violence or threatens violence

Access to the law and to justice

In 2002, 40 per cent of LDC exports were subject to NTBs.

It was observed that this approach would preserve the existing practice in non liner trade where recourse to arbitration under charter parties and charter party bills of lading was not uncommon, ensure uniformity of rules, and favour freedom of contract while preventing possible circumvention of jurisdiction rules under the draft instrument.

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

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 respondent also argued before the enforcement court that the arbitral tribunal lacked jurisdiction for the reason that the arbitral award dealt with damages in tort as well as in contract.

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).

A status analogous to refugee status would not appear to be adequate. The people affected need more than a right to claim environmental asylum. They need a right to be granted it.

(b) the arbitration procedure or

Members of the jury are

Article 83. Arbitration agreements

Every country must selfishly use a surge strategy to gain advantage.

As a result, there was only limited resort to protectionism.

If asylum was not granted Mauritius acted humanely, as evidenced by the transfer of a number of Congolese asylum seekers to Australia.

(i) commencing arbitral proceedings pursuant to the terms of the arbitration agreement in a place specified therein, or

The Convention could be invoked directly in court proceedings.

Immigrants to Ireland included asylum seekers and those seeking employment.

The Court of Appeal directed that all issues between the claimant and the respondent be referred to arbitration.

I call on all to respect the arbitration and to enter into a peaceful dialogue on how to implement the decisions.

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.

Asylum seekers from Rwanda who had fled to Burundi were repatriated.