Arbitration provisions in the Hamburg Rules

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

Examples were given of situations where such a reference in an oral contract to a set of arbitration rules should be accepted as expressing sufficiently the existence and contents of the arbitration agreement, particularly when the set of rules includes a model arbitration clause (ibid.).

However, it was also observed that the variety of potential locations for arbitration could be seen as an advantage of the Hamburg Rules in terms of promoting the development of arbitration by providing for it in different locations, but with reference to the same set of rules.

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.

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.

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 view was also expressed that the Working Group should consider the adoption of arbitration rules similar to those found in article 22 of the Hamburg Rules, and already included for consideration in the arbitration chapter in A CN.9 WG.III WP.32 and A CN.9 WG.III WP.56.

Accordingly, the Court agreed with the tribunal that the arbitration was commenced under the Arbitration clause with the 3 add on' proposals agreed by the parties (i.e. an arbitration to be held in Singapore, with SIAC Rules and in English).

The applicants and the respondents were the claimants and respondents in an international arbitration conducted in Singapore pursuant to the Rules of Conciliation and Arbitration of the International Chamber of Commerce.

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

According to the Association's Arbitration Rules, the tribunal had to decide disputes instead of state courts and its independence was warranted.

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.

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

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

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

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

There is a significant analogy with the question of the effect of an outbreak of hostilities upon a clause providing for arbitration under the rules of the International Chamber of Commerce.

keywords arbitration agreement arbitration clause arbitrators competence judgement

Proposed revised text for chapter on arbitration

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

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

Finally, it was explained that the intention of the compromise was to preserve the status quo with respect to the use of arbitration in the maritime transport industry by providing minimal arbitration rules with respect to the liner industry, but providing for freedom of arbitration in the non liner industry through the addition of draft article 81 bis ((see A CN.9 WG.III WP.54, para. 5 (e)).

It was also pleased to note that the thirtieth anniversary of the UNCITRAL Arbitration Rules was to be celebrated and would attend the 2006 Vienna conference.

Other concerns were expressed that if a rule with respect to recognition and enforcement were introduced with respect to jurisdiction, a similar rule would likely be necessary regarding arbitration, and that this could touch upon sensitive issues in the context of international arbitration rules.

Arbitration

keywords arbitral awards arbitral tribunal arbitration agreement arbitration agreement validity arbitration clause award award setting aside competence jurisdiction kompetenz kompetenz

keywords arbitral awards arbitration agreement arbitration agreement validity arbitration clause award setting aside competence jurisdiction kompetenz kompetenz remission of award

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

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.

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

In addition, there was some support for the inclusion of a provision along the lines of draft article 85 of the current chapter on arbitration requiring an arbitrator to apply the rules of the draft convention.

It was added that, while the principle of respect of the arbitration agreement might tolerate certain deviations, such as in article 22 (3) of the Hamburg Rules, these could not extend to preventing access to arbitration as envisaged under new draft article 83 without fundamentally affecting that principle.

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.

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.