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International Council for Commercial Arbitration (ICCA) Seoul Conference 1996 and Council Meeting sponsored by ICCA (Seoul, Korea, 9 13 October 1996)

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.

form of arbitration agreement

As the arbitrators appointed by the parties could not reach an agreement on a chairman, the latter was appointed by the Chamber of Commerce in Hamburg.

International Council for Commercial Arbitration (ICCA) Meeting of Programme Committee (Paris, France, 20 December 1996)

Cases by jurisdiction

keywords arbitration agreement arbitration agreemen validity arbitration clause award recognition and enforcement due process equal treatment procedure recognition of award severability

arbitration agreement validity

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.

Iran (Islamic Republic of)

UNCITRAL Arbitration Rules (1976) UNCITRAL Arbitration Rules (1976)d

It contended that the honorary board was not an arbitral tribunal and that there was no valid arbitration agreement pursuant to 1029 ZPO, based on article MAL 7, as a basis for its decision.

Each of the parties to the dispute shall appoint an arbitrator and the two arbitrators so appointed shall designate by common agreement the third arbitrator, who shall be the Chairman of the tribunal.

The wording of the arbitration clause according to which any dispute shall be determined by arbitration , was also sufficiently wide to cover the dispute at hand.

An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.

Upon challenge by the respondent, the arbitration tribunal declared not to have any jurisdiction as in its views the respondent had validly terminated the arbitration agreement.

The arbitration procedure shall be determined by the arbitrators and the costs of the arbitration shall be borne by the Parties as assessed by the arbitrators.

Parties agreed to submit their disputes to arbitration and an agreed statement of facts and issues in dispute (which amounted to an arbitration agreement in the sense of article 7 (1) MAL) was filed with the arbitral tribunal.

II. Cases relating to the UNCITRAL Model Arbitration Law (MAL) 4

The arbitration agreement provided that each party was to appoint one arbitrator, with the chairman to be appointed by the President of the competent Regional Court.

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).

Arbitrator on the International Panel of Accredited Arbitrators, Singapore International Arbitration Centre, 1993 .

(nn) Conference on arbitration law sponsored by R.I.Z., UNCITRAL and DIS and Petersberger Arbitration Days 2005 (Cologne and Petersberg, Germany 2 5 March 2005)

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.

(ii) by an arbitration agreement or in a written contract or

(5) For the avoidance of doubt, the reference in a contract or a separate arbitration agreement to a writing containing an arbitration clause constitutes an arbitration agreement in writing, provided that the reference is such as to make that clause part of the contract or the separate arbitration agreement, notwithstanding that the contract or the separate arbitration agreement has been concluded orally, by conduct or by other means not in writing.

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

The additional proposals made by Magma in their notice of arbitration of 6 October 1999 did not constitute a proposal for a new arbitration agreement. It was only a proposal to change the seat of the arbitration from Jakarta to Singapore under the SIAC Rules.

Another question is whether article VII(1), which applies to the enforcement of arbitral awards, might also be applied in relation to arbitration agreements.

Arbitration

It was suggested that the Working Group should seek the opinion of UNCITRAL Working Group II (on arbitration) on the provisions of the draft convention relating to arbitration.

These agreements contained an arbitration clause.

The statutes of the honorary board did not constitute a valid arbitration agreement.

(b) Arbitration in accordance with procedures to be adopted by the Conference of the Parties.