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.

(4) And in some extreme cases, there's even a suggestion that we should resort to military action.

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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.

The Jury

arbitrability

Arbitration

Their approaches encouraged people not to use violent means to protest or to respond to violence.

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

award recognition of

Arbitration Chapter 16

Arbitration Chapter 17

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

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).

(b) the arbitration procedure or

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Article 83. Arbitration agreements

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

Article 7. Definition and form of the arbitration agreement

He also conducted arbitrations in Mexico.

Article 7. Definition of arbitration agreement

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(ii) the arbitral tribunal's decision with respect to the provision of security in connection with the interim measure issued by the arbitral tribunal has not been complied with or

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.

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.

(c) the confirmation or the setting aside of the award,

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(i) a place specified in the arbitration agreement, or

The enforcement court found that the lack of competence of the arbitral tribunal could not be invoked at the time of the recognition of the arbitral award.

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

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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.

The Working Group might wish to consider whether, taking account of the application of that Convention, the question of immunity is a matter that needs to be addressed in the context of arbitration from the perspective of a State agreement to participate in arbitration and enforcement of an arbitral awards against a State.

(a) the validity, interpretation or application of the arbitration agreement

unless the arbitration agreement otherwise provides.

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