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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).

According to the Association's Arbitration Rules, the tribunal had to decide disputes instead of state courts and its independence was warranted.

In my view, the potential offered by that alternative, which we call arbitration within the Tribunal, has not yet been fully realized.

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.

See also the Swiss decision concerning the Protocol on Arbitration Clauses Telefunken v N. Philips, International Law Reports, vol. 19, p. 557 (Federal Tribunal).

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Arbitration

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).

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

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.

arbitration submission to

arbitration agreement validity

Arbitration Chapter 16

Jurisdiction and Arbitration

Arbitration Chapter 17

form of arbitration agreement

Article 83. Arbitration agreements

Effect of an arbitration agreement

(b) the arbitration procedure or

UNCITRAL Model Arbitration Law (MAL)

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UNCITRAL Model Arbitration Law (MAL)

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

unless the arbitration agreement otherwise provides.

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Arbitration provisions in the Hamburg Rules

Arbitration agreement in non liner transportation

Article 7. Definition of arbitration agreement

The Court rejected the claimant's view that 1059 (2) Nr. 1 lit. a ZPO, based on article 34 (2) (a) (i) MAL, was to be applied by analogy to the case in which the arbitral tribunal declared the arbitration agreement invalid.

(iii) the interim measure has been terminated or suspended by the arbitral tribunal or, where so empowered, by the court of the State in which the arbitration takes place or under the law of which that interim measure was granted or

Discussions were still pending on, inter alia, draft articles relating to the recognition and enforcement of interim measures of protection issued by an arbitral tribunal and to the power of state courts to issue interim measures in support of arbitration.

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.

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.

The use of the word may in the arbitration clause was to be interpreted to mean that either party had an option to proceed with arbitration, and not that the submission of disputes to arbitration was optional.

(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 Working Group was reminded that the goal of the draft provisions was to reflect the needs of practitioners with respect to the use of arbitration in the maritime transport industry by providing limited freedom of arbitration with respect to the liner industry, where arbitration was not frequent, while allowing broad freedom of arbitration in the non liner industry, where arbitration was, on the contrary, the standard method of dispute resolution.

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Willem C. Vis International Commercial Arbitration Moot

Proposed revised text for chapter on arbitration