This treaty improved the investment climate and encouraged investment.

Investment protection depended on a functioning international arbitration system that would be perceived as fair and equitable.

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The Indus Water Agreement of 1960 (444 United Nations Treaty Series 260) and the Agreement to submit the Rann of Kutch dispute to arbitration (30 June 1965, 378 United Nations Treaty Series 1965).

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Arbitration

In addition, it was indicated that rights concerning foreign investments could be better protected by a variety of arbitration clauses in investment treaties, as private parties were entitled to seek remedies directly from the recipient State of their investment.

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Focusing on the legal dimension of corporate responsibilities in the field of economic development, he said that trends in investment arbitration case law suggested that certain corporate conduct obligations were inherent in the protective principles found in international investment agreements.

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

form of arbitration agreement

Article 83. Arbitration agreements

The cumulative total of all known cases brought under bilateral, regional (e.g. NAFTA) or plurilateral (e.g. Energy Charter Treaty) agreements that contain investment clauses, or international investment agreements (IIAs), is now 160.

Mention was made of South East Asian treaty practice, which allowed host States to regulate appropriate forms of foreign investment.

Effect of an arbitration agreement

(b) the arbitration procedure or

UNCITRAL Model Arbitration Law (MAL)

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UNCITRAL Model Arbitration Law (MAL)

Action must begin with investment or with an intraregional treaty that affords extraterritorial rights and protection for regional capital and labour.

For example, the Global Committee of Argentine Bondholders has considered the initiation of international investment arbitration, following the Argentine Government's decision not to reopen the debt exchange for investors who have not tendered their bonds.

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.

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.

A delegation noted that, under the UNCTAD least developed countries (LDC) programme, Benin had signed a bilateral treaty for investment promotion and protection.

(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.