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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.).

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However, it was also agreed that, as a matter of general policy, the reference or other link to a written contractual document containing an arbitration clause should be sufficient to establish the formal validity of the arbitration agreement (ibid.).

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Arbitration

ARBITRATION

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It was also suggested that a reference to the provisions of the draft instrument on jurisdiction and arbitration should be inserted in draft article 88a (5)(b).

arbitration clause

ARBITRATION COMMISSION

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The Court rejected the claimant's request to appoint an arbitration tribunal and declared the arbitration proceedings inadmissible.

An additional aspect of the proposal was to include a reference in draft article 81 to make effective any agreement made by the parties to refer a dispute that had arisen to arbitration.

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.

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.

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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.

Writing' means any form, including, without limitation, a data message, that provides a record of the arbitration agreement or is otherwise accessible so as to be useable for subsequent reference.

Both Chambers decline to conduct arbitration proceedings.

There were however indications that, at least in States that adopted the UNCITRAL Model Law on International Commercial Arbitration, reference might be made to the indicative definition of commercial contained therein.

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

Article 83. Arbitration agreements

Permanent Court of Arbitration

III. INTERNATIONAL COMMERCIAL ARBITRATION

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.

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.

Proposal by the Government of Mexico regarding written form for arbitration agreements, to be submitted to the UNCITRAL Working Group on Commercial Arbitration

160. With respect to the reference to the right to refuse to take a self incriminating action (remark 13), it was suggested that such a right was relevant in a criminal court but not in an arbitration.

Amendment to Proposal by the Government of Mexico regarding written form for arbitration agreements, to be submitted to the UNCITRAL Working Group on Commercial Arbitration

Effect of an arbitration agreement