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

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

As stipulated in the Comprehensive Peace Agreement, its arbitration is definitive and binding.

unless the arbitration agreement otherwise provides.

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

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.

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

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.

The arbitral tribunal shall render its decisions in accordance with the provisions of the Convention and international law.

It was also ready to resort to arbitration, as provided for in the Headquarters Agreement.

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.

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.

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).

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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.

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.

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.

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 lien statute did not prohibit arbitration but actually contemplated it.

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Arbitration provisions in the Hamburg Rules

International Chamber of Commerce Chamber of Non

According to annex 2 of the Dayton Peace Accords, the Arbitral Tribunal for the Dispute over the Inter Entity Boundary in the Brčko Area was established in order to reach a decision on the administration of Brčko.

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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.

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.

keywords arbitration agreement arbitration clause arbitrators competence judgement

Effect of an arbitration agreement

Article 83. Arbitration agreements

(b) Arbitration by an arbitral tribunal established and operating, unless the parties to the dispute otherwise agreed, in accordance with the procedure laid down in the appendix to the present Convention.

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.

Malaysia reserved the right specifically to agree in a particular case to follow the arbitration procedure set forth in article 35, paragraph 2, or any other procedure for arbitration.

In its views, this provision only applies when the award deals with disputes not contemplated by the arbitration agreement, or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of submission to arbitration.

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Provisions that may be proposed later concerning the establishment of a compensation mechanism, arbitration of claims and alternatives to such arbitration should be inserted.

19. Calls upon the parties to cooperate fully with the arbitration process in Brčko and to respect the decisions reached through the arbitration process, in accordance with the relevant provisions of the Peace Agreement

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.

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.

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

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85. Sections 3 and 4 of the Industrial Disputes Act carry provisions for conciliation and arbitration procedures.

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.

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.