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

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As a matter of principle and sound policy the principle of survival must apply to obligations arising under multilateral conventions concerning arbitration and the enforcement of awards.

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arbitration submission to

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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

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Arbitration

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The provisions of this Law, except articles 8, 9, 17 novies, 17 decies, 17 undecies, 35 and 36, apply only if the place of arbitration is in the territory of this State.

In addition, there was some support for the inclusion of a provision along the lines of draft article 85 of the current chapter on arbitration requiring an arbitrator to apply the rules of the draft convention.

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

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.

arbitration agreement validity

Arbitration Chapter 16

Jurisdiction and Arbitration

Arbitration Chapter 17

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

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.

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.

form of arbitration agreement

Article 83. Arbitration agreements

(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 wording of the arbitration clause according to which any dispute shall be determined by arbitration , was also sufficiently wide to cover the dispute at hand.

Effect of an arbitration agreement

(b) the arbitration procedure or

UNCITRAL Model Arbitration Law (MAL)

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UNCITRAL Model Arbitration Law (MAL)

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 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.

There must also be access to a swift arbitration procedure by a national arbitration committee in the event of conflicts revolving around the au pair contract.

That article provides that, in respect of the listed articles, the Model Law, as enacted in a given State, would apply even if the place of the arbitration were not in the territory of that State (A CN.9 589, paras.

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

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.

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

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.).