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.

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)

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

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.

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

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 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.

keywords arbitration agreement arbitration clause arbitrators competence judgement

(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

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

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

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

Arbitration

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

Noting that the Convention has served as a model for subsequent multilateral and bilateral treaties and other international legislative texts on arbitration,

There was support for the view that the draft convention should permit the untrammelled enforceability of arbitration agreements in contracts of carriage.

(iii) Consideration of annexes containing arbitration and conciliation procedures, in accordance with article 28, paragraphs 2(a) and 6, of the Convention

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.

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

arbitration submission to

arbitration agreement validity

Arbitration Chapter 16

Jurisdiction and Arbitration

Arbitration Chapter 17

Articles 7, 8(1) and 35 of the UNCITRAL Model Law on International Commercial Arbitration (MAL) contain provisions similar to those of the New York Convention.

form of arbitration agreement

Article 83. Arbitration agreements

The Polish Courts, however, refused enforcement, pointing out the lack of a valid arbitration agreement fulfilling the form requirements of article II of the New York Convention.

It was added that such outcome was not only unusual in modern trade law, but also contrary to basic arbitration principles as contained in a number of widely accepted texts such as the New York Convention, and in particular its article II (3), and the UNCITRAL Arbitration Model Law.

(b) In the area of dispute resolution, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (a United Nations convention adopted prior to the establishment of the Commission, but actively promoted by it), the UNCITRAL Arbitration Rules, the UNCITRAL Conciliation Rules, the UNCITRAL Model Law on International Commercial Arbitration, the UNCITRAL Notes on Organizing Arbitral Proceedings, and the UNCITRAL Model Law on International Commercial Conciliation

Effect of an arbitration agreement

(b) the arbitration procedure or

UNCITRAL Model Arbitration Law (MAL)

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UNCITRAL Model Arbitration Law (MAL)

The agreements concerned were the Protocol on Arbitration Clauses signed on 24 September 1923 and the Convention on the Execution of Foreign Arbitral Awards dated 26 September 1927.

In response, concern was raised that creating rules regarding third parties could amount to impinging on the domain of the New York Convention regarding the enforceability of arbitration agreements.

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).

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.

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Arbitration provisions in the Hamburg Rules