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

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

The carrier may demand arbitration proceedings pursuant to the terms of the arbitration agreement only if the person asserting the claim against a carrier institutes court proceedings in a place specified in the arbitration agreement.

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The Jury

arbitrability

Arbitration

Notwithstanding the provisions of this chapter and chapter 16, after a dispute has arisen, the parties to the dispute may agree to resolve it by arbitration in any place.

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

The provisions of this Law, except articles 8, 9, 17 novies, 17 decies, 17 undecies, 35 and 36, apply only if the place of arbitration is in the territory of this State.

An additional concern was expressed that draft subparagraph 83 (b)(ii) might deprive the shipper of a reasonable place to protect its interests, especially in light of the higher costs of arbitration compared to court litigation.

Article 7. Definition and form of the arbitration agreement

He also conducted arbitrations in Mexico.

Unqualified freedom to arbitrate

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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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.

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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H. Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958)

Article 85. Agreements for arbitration after the dispute has arisen

In preparation for the forty third session of Working Group II (Arbitration and Conciliation), during which the Working Group is expected to proceed with its review of a revised draft article 7 of the UNCITRAL Model Law on International Commercial Arbitration (see the report of the forty second session, A CN.9 573, para.

Ecuador

Arbitration progress report of Working Group II.

The Supreme Court found that the arbitral award was binding and enforceable, according to s. 29 of the Commercial Arbitration Act and article 35 (1) MAL.

The agreements concerned were the Protocol on Arbitration Clauses signed on 24 September 1923 and the Convention on the Execution of Foreign Arbitral Awards dated 26 September 1927.