(a) the validity, interpretation or application of the arbitration agreement

The view was expressed that parties should have complete freedom to conclude arbitration clauses and to rely on their application.

A setting aside application is not a process whereby facts which have already been established in the arbitration are being reassessed.

However, concern was also expressed that recourse to arbitration might hinder the application of the rules of the draft instrument on exclusive jurisdiction.

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

keywords arbitration agreement arbitration clause arbitrators competence judgement

Proposed revised text for chapter on arbitration

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

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

Arbitration

(iii) To comply with the essential requirement that the arbitration agreement be supplied when application is made to a court or competent authority for recognition and enforcement of an award (New York Convention, article IV(1)).

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

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

Preparation of uniform provisions on written form for arbitration agreements

Article 85. Agreements for arbitration after the dispute has arisen

The Working Group might wish to consider whether, taking account of the application of that Convention, the question of immunity is a matter that needs to be addressed in the context of arbitration from the perspective of a State agreement to participate in arbitration and enforcement of an arbitral awards against a State.

Draft text of model legislative provision on written form for the arbitration agreement, revising article 7 of the UNCITRAL Model Law on International Commercial 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

arbitration submission to

arbitration agreement validity

Arbitration Chapter 16

Jurisdiction and Arbitration

Arbitration Chapter 17

One view was that the principle of freedom of arbitration was deeply rooted and that existing arbitration instruments such as the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (the New York Convention) and the UNCITRAL Model Law on International Commercial Arbitration provided an adequate framework for arbitration, thus obviating the need for such a chapter in the draft convention.

(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.

form of arbitration agreement

Article 83. Arbitration agreements

It declared that to refer a dispute relating to interpretation and application of the Convention to arbitration or the International Court of Justice, the agreement of all parties concerned in the dispute was necessary.

It declared that to refer a dispute relating to interpretation and application of the Protocol to arbitration or the International Court of Justice, the agreement of all parties concerned in the dispute was necessary.

Remarks on the draft text of model legislative provision on written form for the arbitration agreement, revising article 7 of the UNCITRAL Model Law on International Commercial Arbitration

It declared that to refer a dispute relating to interpretation and application of the Migrants Protocol to arbitration or the International Court of Justice, the agreement of all parties concerned in the dispute was necessary.

It declared that to refer a dispute relating to interpretation and application of the Firearms Protocol to arbitration or the International Court of Justice, the agreement of all parties concerned in the dispute was necessary.

It has prepared legal analyses and reports on various matters, including arbitration and conciliation procedures, and provided legal advice on the interpretation and application of the UNCCD and the rules of procedure of the COP.

The additional proposals made by Magma in their notice of arbitration of 6 October 1999 did not constitute a proposal for a new arbitration agreement. It was only a proposal to change the seat of the arbitration from Jakarta to Singapore under the SIAC Rules.

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.

On 12 March 2002, Magma served its request for arbitration on the SIAC.

Preparation of a model legislative provision on written form for the arbitration agreement

An ad hoc special chamber is a suitable alternative for parties considering arbitration.

Effect of an arbitration agreement

(b) the arbitration procedure or

UNCITRAL Model Arbitration Law (MAL)

keywords arbitrability arbitration agreement court