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Permanent Court of Arbitration (General Assembly resolution 48 3)

Member of the Permanent Court of Arbitration, The Hague (1981 present).

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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.

The Court considered the applicability of the arbitration clause in the context of the warranty proceedings and concluded that a Court would normally not have jurisdiction to decide such a dispute, because of the arbitration clause entered into between the parties.

The Court noted that certain parties involved in litigation were not parties to the arbitration 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).

The Court of Appeal directed that all issues between the claimant and the respondent be referred to arbitration.

(b) If a person asserts a claim against a carrier, then the carrier may demand arbitration proceedings pursuant to the terms of the arbitration agreement only if that person institutes court proceedings in

The Court thus found that it had no authority to order these other parties to submit their claims to arbitration.

(iv) Bangkok, Thailand (12 16 July 2004), consultations with Thai judiciary on relations between court systems and arbitration (150 participants)

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(ii) To request a court before which an action has been brought relating to a dispute forming the subject of an arbitration agreement to refer the parties to arbitration (New York Convention, article II(3)) and

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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.

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If a medical error occurs, the patient or spouse agrees to a settlement for fair compensation by arbitration instead of going to court.

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The Court granted both applications, holding that for both decisions there was no valid arbitration agreement upon which the board could base its jurisdiction.

Treaties relating to the settlement of disputes between States by peaceful means, including resort to conciliation, mediation, arbitration and the International Court of Justice

Arbitration

The Court of Arbitration for Sport (CAS) has ruled that athletes cannot be banned from Rio on the basis that they have been previously sanctioned.

The Court held nevertheless that claims of non parties that derived from the main claims ought to be stayed pending the outcome of the arbitration.

It follows a pattern established during the nineteenth century as regards arbitration and during the twentieth century in respect of the International Court of Justice.

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(ii) a court that would give effect under article 76 to an exclusive choice of court agreement specifying the place named in the arbitration agreement that is exclusive with respect to the action against the carrier.

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

The claimant (main contractor) appealed against the decision of a lower court, which had referred various disputes between the claimant and the respondent (sub contractor) to arbitration.

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.

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Arbitration Chapter 16

Jurisdiction and Arbitration

Arbitration Chapter 17

The Court further denied that the ordre public was infringed by the fact that, in a related action between the same parties, the Regional Court had refused jurisdiction, assuming the validity of the arbitration agreement entered into by the parties.

Permanent Court of Arbitration Dispute concerning access to information under article 9 of the OSPAR Convention Ireland v. United Kingdom, Final Award 2 July 2003, 42 ILM 1118 (2003).

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).

An advantage of the proposal in A CN.9 WG.III WP.54 was thought to be that it allowed for the resolution of the dispute either through arbitration at the specific location cited in the arbitration provision, or in a court in a location designated pursuant to draft article 75.

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Article 83. Arbitration agreements