(iv) Commonwealth Telecommunications Organization arbitration and conciliation rules for a dispute resolution centre (from December 2004)

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.

Article 85. Agreements for arbitration after the dispute has arisen

It was stated that arbitration was an extremely popular form of dispute resolution throughout the world for disputes regarding contracts of carriage.

The General Legal Division concluded that the mandatory use of alternative dispute resolution mechanisms, before a dispute is submitted to arbitration, would not always be in the interests of the Organization.

It had also been suggested that issues arising from online dispute resolution and the possible revision of the UNCITRAL Arbitration Rules might need consideration.

In its view, a dispute of this kind can be submitted to arbitration only with the consent of all the parties to the dispute.

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.

Dispute resolution procedures

The dispute arose out of a charter party entered into by the claimant and the respondent, providing for arbitration under the rules of the German Maritime Arbitration Association (GMAA) in Hamburg.

There is no immunity from the substance of the claim, which must be finally settled through negotiation or, if this fails, by an appropriate mechanism for resolution of the dispute, usually binding arbitration.

(gg) Consultations with the Director, Division of International Trade in Goods, Services and Commodities, UNCTAD conference sponsored by the Swiss Arbitration Association on on line dispute resolution (Geneva, Switzerland 24 25 November 2004)

Notwithstanding the provisions of this chapter and chapter 16, after a dispute has arisen, the parties to the dispute may agree to resolve it by arbitration in any place.

Algeria considered that no dispute of such nature must be submitted to arbitration or to the International Court of Justice without the consent of all the parties to the dispute.

Algeria considered that no dispute of such nature might be submitted to arbitration or to the International Court of Justice without the consent of all the parties to the dispute.

At present, the dispute between the two parties has been submitted to the FIFA and the arbitration is in progress.

When a dispute arose, the claimant initiated arbitration proceedings in Hamburg, according to the rules of the German Coffee Association.

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.

Algeria believed that any dispute of this kind could only be submitted to arbitration or referred to the International Court of Justice with the consent of all parties to the dispute.

Permanent Court of Arbitration (General Assembly resolution 48 3)

As the plaintiff argued that the dispute fell outside the scope of the arbitration clause (article 7 (1) MAL), the Court stated that it was not clear whether the dispute fell within the arbitration clause, and this was an issue to be decided by the arbitral tribunal, (article 16 (1) MAL).

(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

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.

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.

Parties agreed to submit their disputes to arbitration and an agreed statement of facts and issues in dispute (which amounted to an arbitration agreement in the sense of article 7 (1) MAL) was filed with the arbitral tribunal.

Finds that the arbitration proceedings instituted by the Claimant come within the competence of the Arbitration Court of the International Chamber of Commerce and that the Arbitrator has jurisdiction to adjudicate upon the dispute in conformity with Article 13(3) of the Rules of Conciliation and Arbitration of the ICC.

The Court considered the applicability of the arbitration clause in the context of the warranty proceedings and concluded that a Court would normally not have jurisdiction to decide such a dispute, because of the arbitration clause entered into between the parties.

1. Any dispute concerning the interpretation or application of the present articles shall be settled expeditiously through peaceful means of settlement chosen by mutual agreement of the parties to the dispute, including negotiations, mediation, conciliation, arbitration or judicial settlement.

The topics of the online courses currently being offered include negotiation of financial transactions capital market development and regulation (basic and advanced) effective public debt management mechanics of loan agreements debt rescheduling with the Paris Club and, finally, arbitration and alternative dispute resolution.

Furthermore, no agreement had been reached in the correspondence exchanged in 1999 to amend the above mentioned clause and refer the dispute to arbitration in Singapore.

Note in tema di arbitrabilità della controversia nell'arbitrato commerciale internazionale (Remarks on the Possibility to Submit a Commercial Dispute to International Arbitration), in Rivista dell'arbitrato, 1993.

keywords arbitral awards arbitration agreement arbitration agreement validity arbitration clause award enforcement form of arbitration agreement formal requirements

In proposing the model, the panel shall consider the value of creating an effective system for handling staff complaints that involves alternative forms of dispute resolution by which cases can be settled by mutual consent, such as mediation, conciliation, arbitration and or an ombudsman.

(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

The Court observed that, according to article 943.1 C.C.P. (and article 16 MAL), the arbitrators would be solely competent to decide whether the arbitration clause covered the dispute.

keywords arbitral tribunal arbitration clause arbitration agreement arbitration submission to interim award jurisdiction

The appellant relied upon articles 34 (2) (a) (iii) and 36 (1) (a) (iii) MAL, alleging that the dispute did not fall within the terms of submission to arbitration.

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).

Recommendation 6 Commercial claims against the Organization alternative dispute resolution mechanisms

keywords arbitration agreement arbitration clause arbitrators competence judgement

The ECC provided that any dispute should be settled by arbitration at the place to be named by the parties under the rules and practices of the local coffee trading association.

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

(n) Dispute Resolution in the Global Economy conference (Bologna, Italy 18 June 2004)