Replies showed that the definition of what States considered to be an arbitration agreement qualifying for referral to arbitration under the New York Convention was generally found in a separate law on commercial arbitration and that the implementing legislation did not specify which arbitration agreements qualified for referral to arbitration under the New York Convention.

There appeared to be disparity in determining which arbitration agreements qualify for the referral to arbitration under the New York Convention.

Recourse to conciliation and arbitration under the ICSID Convention is entirely voluntary.

1.3 Does your implementing legislation define the scope of article II of the New York Convention, and, for example, specify which arbitration agreements qualify for referral to arbitration under the New York Convention (e.g., international arbitration agreement, and or agreement between nationals of different States)?

keywords arbitration agreement arbitration agreement validity arbitration clause courts

Legislation amending the existing texts on arbitration, referring generally to international conventions in the field of arbitration rather than specifically to the New York Convention

The European Patent Convention and EU Directive 98 44 EC

keywords arbitral awards arbitration agreement arbitration agreement validity arbitration clause award enforcement form of arbitration agreement formal requirements

keywords arbitral tribunal arbitration clause arbitration agreement arbitration submission to interim award jurisdiction

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.

(i) For the validity of the arbitration agreement (New York Convention, article II (1) and (2)

It had also ratified the Convention on Conciliation and Arbitration concluded under CSCE auspices in 1993.

The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) requires arbitration agreements to be in writing.

Arbitration

ARBITRATION

keywords arbitration agreement arbitration clause arbitrators competence judgement

Arbitration is now more widely accepted than when the New York Convention and the MAL were negotiated.

m The Convention only applies with regard to Malta with respect to arbitration agreements concluded after the date of Malta's accession to the Convention.

Romania reported that it had engaged in the ratification procedure for the 1993 Convention on Conciliation and Arbitration.

arbitration clause

ARBITRATION COMMISSION

keywords arbitrability arbitral tribunal arbitration agreement arbitration clause award setting aside form of arbitration agreement formal requirements writing

keywords appointment procedures arbitral institutions arbitration agreement arbitration agreement validity arbitration clause arbitrators appointment of courts judicial assistance

The European Patent Convention and EU Directive 98 44 EC 29 41 10

keywords arbitration agreement arbitration clause clause compromissoire compromis judicial assistance procedure

keywords arbitral awards arbitral tribunal arbitration agreement arbitration agreement validity arbitration clause award award setting aside competence jurisdiction kompetenz kompetenz

keywords arbitral awards arbitration agreement arbitration agreement validity arbitration clause award setting aside competence jurisdiction kompetenz kompetenz remission of award

The EU urges States parties to ratify the amended Convention at the earliest opportunity.

It was further explained that the basic principle of the New York Convention did not require general recognition of all arbitration agreements, but only non discrimination of arbitration agreements vis à vis jurisdiction clauses.

arbitration submission to

arbitration agreement validity

Arbitration Amicable settlement

Arbitration Chapter 16

Jurisdiction and Arbitration

Arbitration Chapter 17

arbitration agreement validity

World Arbitration Institute.

IV. ARBITRATION COMMISSION

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

keywords arbitration agreement arbitration agreemen validity arbitration clause award recognition and enforcement due process equal treatment procedure recognition of award severability

keywords arbitral awards arbitral proceedings arbitration agreement arbitration agreement validity arbitration clause award award setting aside due process jurisdiction notice waiver

Nothing in this Convention affects the enforceability of an arbitration agreement in a contract of carriage in non liner transportation to which this Convention or the terms of this Convention apply by reason of

(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

Subject to article 85, if a contract of carriage subject to this Convention includes an arbitration agreement, the following provisions apply

59 There has been only one arbitration of a fisheries dispute in the period since the signature of the 1982 Convention.