However, concern was also expressed that recourse to arbitration might hinder the application of the rules of the draft instrument on exclusive jurisdiction.

To avoid this problem, recourse to international legal principles such as uti possedetis (acceptance of colonial borders) was applied by international courts and arbitration commissions.

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arbitration submission to

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Arbitration

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

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.

and then he turned back to have recourse to his craftiness,

and then he turned back to have recourse to his craftiness,

Upon that day the recourse shall be to thy Lord.

Upon that day the recourse shall be to thy Lord.

on that Day, to your Lord alone is the recourse.

on that Day, to your Lord alone is the recourse.

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.

arbitration agreement validity

Arbitration Chapter 16

Jurisdiction and Arbitration

Arbitration Chapter 17

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

It was observed that this approach would preserve the existing practice in non liner trade where recourse to arbitration under charter parties and charter party bills of lading was not uncommon, ensure uniformity of rules, and favour freedom of contract while preventing possible circumvention of jurisdiction rules under the draft instrument.

There is no deficit and no recourse to the central bank.

However, recent practice showed a considerably increased recourse to the provision.

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

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.

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.

While it was recalled that some agreements between States excluded the recourse to diplomatic protection in the event of an investment arbitration, it was nevertheless considered useful to include in the articles on diplomatic protection a clause to clarify the relationships among the various approaches taken to protect the interests of both natural and legal persons.

form of arbitration agreement

Article 83. Arbitration agreements

(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 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.

Unto thy Lord that Day is the recourse.

Unto thy Lord that Day is the recourse.

Unto thy Lord is the recourse that day.

Unto thy Lord is the recourse that day.

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 order to address these problems, recourse has been made mainly to technical solutions.