On 12 March 2002, Magma served its request for arbitration on the SIAC.

In its view, the sub contracting agreement provided for arbitration upon the request of either party.

(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

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Proposed revised text for chapter on arbitration

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In such a case, the writing containing the arbitration clause constitutes the arbitration agreement for the purposes of article 35.

Arbitration

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Upon request for clarification, it was explained that draft subparagraph 83 (b)(ii) required the existence of an arbitration agreement for its operation, and, in response, it was suggested that the text should be amended to specifically indicate so.

68. To conclude, there is no doubt in my mind that, when the Claimant filed with the Court of Arbitration of the ICC a request for arbitration, there was in existence between the parties a valid and binding agreement to arbitrate under the ICC rules, even assuming that there had been a state of war between India and Pakistan.

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

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

Preparation of uniform provisions on written form for arbitration agreements

Article 85. Agreements for arbitration after the dispute has arisen

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

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

arbitration submission to

arbitration agreement validity

Arbitration Chapter 16

Jurisdiction and Arbitration

Arbitration Chapter 17

One view was that the principle of freedom of arbitration was deeply rooted and that existing arbitration instruments such as the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (the New York Convention) and the UNCITRAL Model Law on International Commercial Arbitration provided an adequate framework for arbitration, thus obviating the need for such a chapter in the draft convention.

(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.

form of arbitration agreement

Article 83. Arbitration agreements

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

The additional proposals made by Magma in their notice of arbitration of 6 October 1999 did not constitute a proposal for a new arbitration agreement. It was only a proposal to change the seat of the arbitration from Jakarta to Singapore under the SIAC Rules.

Malaysia reserved the right specifically to agree in a particular case to follow the arbitration procedure set forth in article 35, paragraph 2, or any other procedure for arbitration.

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

An ad hoc special chamber is a suitable alternative for parties considering arbitration.

Effect of an arbitration agreement

(b) the arbitration procedure or

UNCITRAL Model Arbitration Law (MAL)

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UNCITRAL Model Arbitration Law (MAL)

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.

See also The International Tribunal for the Law of the Sea the Mox Plant case (Ireland v. United Kingdom), Request for Provisional Measures Order, 3 December 2001, www.itlos.org Permanent Court of Arbitration, Mox Plant (Ireland v. United Kingdom), Order No. 3 (24 June 2003), 42 ILM (2003) 1118.

It allowed for quality arbitration as well as arbitral proceedings in the general sense.

unless the arbitration agreement otherwise provides.

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Arbitration provisions in the Hamburg Rules