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

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

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

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Arbitration

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

Some reservations were raised regarding whether the compromise proposal might in fact limit the development of arbitration in the liner trade, since commercial enterprises would not be likely to include an arbitration provision in a contract unless they could be certain of where the arbitration would take place, and that might not be possible if that choice were subject to the draft article 75 list.

An advantage of the proposal in A CN.9 WG.III WP.54 was thought to be that it allowed for the resolution of the dispute either through arbitration at the specific location cited in the arbitration provision, or in a court in a location designated pursuant to draft article 75.

arbitration submission to

arbitration agreement validity

Arbitration Chapter 16

Jurisdiction and Arbitration

Arbitration Chapter 17

form of arbitration agreement

Article 83. Arbitration agreements

At its forty third session, the Working Group noted that, given the intention that the provision on court ordered interim measure should apply irrespective of the country where the arbitration takes place, that provision should be added to the list of articles contained under article 1, paragraph (2).

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 enacting article 17 undecies, States might wish to consider grouping this provision with other provisions in the enacting legislation relating to certain functions of arbitration assistance and supervision performed by courts or other authority.

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

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.

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.

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.

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.

(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 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.

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Willem C. Vis International Commercial Arbitration Moot

Proposed revised text for chapter on arbitration

Arbitration progress report of Working Group II.

An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.

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