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

Enforceability of settlement agreementWhen implementing the procedure for enforcement of settlement agreements, an enacting State may consider the possibility of such a procedure being mandatory.

A communication or a contract shall not be denied validity or enforceability on the sole ground that it is in the form of an electronic communication.

1. A communication or a contract shall not be denied validity or enforceability on the sole ground that it is in the form of an electronic communication.

the Economic Offences Act, which provides for the imposition of sanctions in case of breaches of the aforementioned legislation and sets out the framework for control and enforceability

Article 76 of A CN.9 WG.III WP.56 (which the U.S. opposes in its current form) also deals with the enforceability of exclusive choice of forum clauses.

Such flexibility not only reduced chances of enforceability but also created legal uncertainty, which would in turn give rise to additional costs and also raise questions of economic relevance.

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.

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.

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

It may also be noted that the Working Group expects to complete its work in respect of written form for the arbitration agreement and enforceability of interim measures of protection for presentation to the Commission at its thirty ninth session, in 2006.

At its thirty second session, in 1999, the Commission entrusted one of its working groups, subsequently named Working Group II (Arbitration and Conciliation), with the consideration, among other priority items, of the requirement of written form for the arbitration agreement and enforceability of interim measures of protection.

With respect to the possible enforceability of awards that had been set aside in the State of origin (ibid., para. 107 (m)), the view was expressed that the issue was not expected to raise many problems and that the case law that gave rise to the issue should not be regarded as a trend.

A contract formed by the interaction of an automated message system and a natural person, or by the interaction of automated message systems, shall not be denied validity or enforceability on the sole ground that no natural person reviewed or intervened in each of the individual actions carried out by the automated message systems or the resulting contract.

Another reason for such uncertainties is inherent in the mode of communication and results from the absence of a paper document. Article 11 itself provides that w here a data message electronic communication is used in the formation of a contract, that contract shall not be denied validity or enforceability on the sole ground that a data message electronic communication was used for that purpose.

In addition, the comments expressed in A CN.9 WG.III WP.59 were explained by reference to the final paragraph of that document, which suggested that, in light of widespread reliance on arbitration by the maritime industry in general, the most appropriate solution in the draft convention would be the inclusion of a provision permitting the enforceability of arbitration agreements in contracts of carriage without qualification.