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

An arbitration procedure is to be found in annex 3.

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In its view it failed to clearly provide for arbitration as the exclusive dispute resolution mechanism and had anyway been terminated in conjunction with the main contract before the arbitral proceedings commenced.

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The court granted the application of the defendant to stay the proceedings of the first and second plaintiffs in favour of arbitration until the completion of the arbitration.

Treatment of assets acquired after commencement

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(q) Topic Q, quot Mandatory provisions governing arbitral proceedings quot

The Court rejected the claimant's request to appoint an arbitration tribunal and declared the arbitration proceedings inadmissible.

The respondent in the arbitral proceedings was one of the founding partners of a Limited Partnership (hereinafter LP).

The Government of the Federal Republic of Yugoslavia considers arbitration proceedings in the settlement of the contentious issues that may arise in the work of the Conference on Yugoslavia as proceedings before a court of law in the sense of general international law and not as proceedings before the Arbitration Commission presided by Mr. Badinter.

When a dispute arose, the claimant initiated arbitration proceedings in Hamburg, according to the rules of the German Coffee Association.

Therefore the Court allowed the claimant to challenge the jurisdiction of the arbitral tribunal in court proceedings.

Such an approach has the potential to act as a disincentive to commencing reorganization.

An award having been rendered by an arbitral tribunal of the Russian Court of Arbitration, according to this clause, the claimant started an action for the award to be declared enforceable in Germany.

The necessity to pursue its own rights before state courts as opposed to arbitration proceedings as a consequence of an arbitral tribunal's denial of jurisdiction might in fact result for the party, who initiated the arbitration proceedings, in higher legal costs and a waste of time.

Lacking any specific agreement of the parties to the contrary, it was self evident that the Russian Court of Arbitration would conduct the arbitral proceedings in Russian.

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.

The defendant submitted that there was an oral agreement on the fact that, whatever the result of the arbitration proceedings, the outstanding amount awarded, if any, would only be payable upon certain conditions, which would not be known to the arbitral tribunal.

(c) Commencement of insolvency proceedings by a group company against a related group company.

According to the kompetenz kompetenz principle, the tribunal had jurisdiction to render such an award, which was binding on the parties and ended the arbitral proceedings.

Without any further involvement of the parties, the tribunal rendered an award in favor of the claimant of the arbitration proceedings.

(b) Confidentiality of information disclosed during the arbitral proceedings (see also paras. 158 and 172 above)

In the present case the Court declared admissible, but unfounded on the merits, a setting aside proceedings initiated against an award with which the arbitral tribunal had denied its jurisdiction.

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.

ARBITRATION

So, for example, the definition of assets of the debtor is included to explain the scope of the insolvency estate formed on commencement of the insolvency proceedings and thus the assets that will be affected by the commencement of those proceedings.

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It finally asserted that the respondent had waived its right to arbitration by commencing a Builder's Lien action.

174. An observation was made that topic L, and the draft Guidelines in general, were too detailed and placed undue emphasis on formalities that approximated arbitral procedures to judicial procedures, which was not in accordance with the principle of flexibility of arbitration.

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The Jury

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ARBITRATION COMMISSION

(46) The insolvency law should specify that, on commencement of insolvency proceedings add a, b, c, d, e

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.

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As the place of arbitration was in Germany, the refusal by the Polish Courts to enforce the award had no effect on the proceedings for the declaration of enforceability in Germany.

It was also observed that the Guidelines would be helpful in ad hoc arbitrations as well as arbitrations administered by arbitral institutions.

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Arbitration Chapter 16