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As the plaintiff argued that the dispute fell outside the scope of the arbitration clause (article 7 (1) MAL), the Court stated that it was not clear whether the dispute fell within the arbitration clause, and this was an issue to be decided by the arbitral tribunal, (article 16 (1) MAL).

Arbitration provisions in the Hamburg Rules

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These agreements contained an arbitration clause.

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

The arbitration clause was therefore held to be valid.

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Conclusions reached by the Working Group regarding provisions on arbitration

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

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.

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).

specifically discussed by the parties.

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In a number of cases, State courts strictly applied the requirements defined under article II(2) and granted enforcement of arbitral awards only when either the contract containing the arbitration clause or the arbitration agreement was signed by the parties or was contained in an exchange of letters or telegrams. In a series of cases, State courts strictly required express acceptance, either by signature or exchange of documents by both parties.

The second is where an arbitration clause in a contract or an arbitration agreement is contained in an exchange of letters or telegrams.

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.

This case concerns the effects of ambiguities in arbitration clauses.

The High Court rejected the respondent s contention that the arbitration clause was invalid in light of section 10 of the new 1996 Arbitration and Conciliation Act (adapted from article 10 MAL).

The first is where an arbitration clause in a contract or an arbitration agreement is signed by the parties.

Given the general policy favouring arbitration, and particularly article 8 MAL, the Superior Court concluded that the delay in invoking the arbitration clause and the steps undertaken in the judicial proceedings did not amount to renunciation of the arbitral procedure.

Since the arbitration clause did not specify which of the two chambers of handicraft was chosen, in fact, it was impossible to determine the competent tribunal.

The Court observed that, according to article 943.1 C.C.P. (and article 16 MAL), the arbitrators would be solely competent to decide whether the arbitration clause covered the dispute.

Conclusions reached by the Working Group regarding revised provisions on arbitration

An arbitration clause was contained in the charter party signed by Mitsui and Norsul.

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

In other cases, a reference to the arbitration clause or agreement in subsequent correspondence emanating from the party to which the arbitration clause or agreement was sent was considered as sufficient to meet the form requirement of article II(2).

In the case of an ongoing relation, an arbitration clause was considered to be incorporated by reference even if the other party did not receive the actual term on the basis that the party was presumed to have knowledge of the arbitration clause.

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.

On the other hand, the respondent refused to appoint an arbitrator, and, pursuant to 1032 German Code of Civil Procedure (hereinafter ZPO) based on article 8 (1) MAL, objected to the proceedings before a State Court given the existing arbitration clause.

However, there was no arbitration clause in the contract between them.

(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.

The respondent argued that, on the basis of articles 16 (1), 34 (2) (a) (i) and 36 (1) (a) (i) MAL, the arbitral tribunal was not competent to hear the disputes, because the agreements containing the arbitration clause were terminated following a breach of such agreements by the claimant.

As there is no reference to the number of arbitrators within this provision, the Supreme Court concluded that the validity of an arbitration clause does not depend on the number of arbitrators specified therein.

In March 1990, Bilumen filed a motion for dismissal of the action, pointing to the arbitration clause.

2. The term agreement in writing' shall include an arbitral clause in a contract or an arbitration agreement, signed by the parties or contained in an exchange of letters or telegrams.