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Reports of International Arbitration Awards, vol. XI, p. 167 award dated 7 September 1910, at p. 181.

The Supreme Court found that the arbitral award was binding and enforceable, according to s. 29 of the Commercial Arbitration Act and article 35 (1) MAL.

It would be meaningless to accept that an arbitration agreement could be concluded by electronic means without establishing the criteria for functional equivalence between the agreement and the original paper based document, since the New York Convention itself required a party demanding enforcement of an arbitration award to produce the original of the arbitration agreement.

Permanent Court of Arbitration Dispute concerning access to information under article 9 of the OSPAR Convention Ireland v. United Kingdom, Final Award 2 July 2003, 42 ILM 1118 (2003).

As the place of arbitration was in Germany, the refusal by the Polish Courts to enforce the award had no effect on the proceedings for the declaration of enforceability in Germany.

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(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)).

Arbitration

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

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Arbitration Chapter 16

Jurisdiction and Arbitration

Arbitration Chapter 17

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Article 83. Arbitration agreements

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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.

Arbitration provisions in the Hamburg Rules

Arbitration agreement in non liner transportation

Article 7. Definition of arbitration agreement

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.

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