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.

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But, as always, that arbitration has created winners and losers.

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Each Party shall appoint one arbitrator and the two arbitrators so appointed shall appoint a third who shall be the chairman.

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It was noted with approval that, with respect to online arbitrations (i.e. arbitrations in which significant parts or even all of arbitral proceedings were conducted by using electronic means of communication) (ibid., para. 113), the Working Group on Arbitration would cooperate with the Working Group on Electronic Commerce.

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The clause provided for the appointment of one arbitrator by each party and an umpire to be jointly appointed by those arbitrators.

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.

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.

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).

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

unless the arbitration agreement otherwise provides.

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.

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.

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If within thirty (30) days of the request for arbitration either Party has not appointed an arbitrator, or if within fifteen (15) days of the appointment of two arbitrators the third arbitrator has not been appointed, either Party may request the President of the International Court of Justice to appoint an arbitrator.

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

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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.

Arbitration

However, it was also observed that the variety of potential locations for arbitration could be seen as an advantage of the Hamburg Rules in terms of promoting the development of arbitration by providing for it in different locations, but with reference to the same set of rules.

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.

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In the Court's view, the agreement did not provide for an alternative competence of another tribunal, but rather gave the parties the right to choose one or the other.

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Cases by jurisdiction

A summary of the arbitration rules adopted by the Arbitration Centre of Lebanon.

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.

Arbitration

1. If the Chairman of the arbitral tribunal has not been designated within two months of the appointment of the second arbitrator, the President of the International Court of Justice shall, at the request of a party, designate the Chairman within a further two month period.

Listed Arbitrator of Regional Centre for Commercial Arbitration, Cairo, 1985 .

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.

Examples were given of situations where such a reference in an oral contract to a set of arbitration rules should be accepted as expressing sufficiently the existence and contents of the arbitration agreement, particularly when the set of rules includes a model arbitration clause (ibid.).

The claimant subsequently applied to the Bavarian Highest Regional Court, ex 1035 ZPO consistent with article 11 MAL, for having an arbitral tribunal appointed by the Court or, alternatively, a declaration of inadmissibility of the arbitration.

One view was that the principle of freedom of arbitration was deeply rooted and that existing arbitration instruments such as the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (the New York Convention) and the UNCITRAL Model Law on International Commercial Arbitration provided an adequate framework for arbitration, thus obviating the need for such a chapter in the draft convention.

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.

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

Kuala Lumpur, Malaysia, (5 6 November 1996), arbitration seminar held in cooperation with the Malaysian Institute of Arbitrators and the Kuala Lumpur Regional Centre for Arbitration attended by approximately 100 participants.