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

At present, the dispute between the two parties has been submitted to the FIFA and the arbitration is in progress.

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In its view, a dispute of this kind can be submitted to arbitration only with the consent of all the parties to the dispute.

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arbitration submission to

Algeria considered that no dispute of such nature must be submitted to arbitration or to the International Court of Justice without the consent of all the parties to the dispute.

Algeria considered that no dispute of such nature might be submitted to arbitration or to the International Court of Justice without the consent of all the parties to the dispute.

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Algeria believed that any dispute of this kind could only be submitted to arbitration or referred to the International Court of Justice with the consent of all parties to the dispute.

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Arbitration

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The General Legal Division concluded that the mandatory use of alternative dispute resolution mechanisms, before a dispute is submitted to arbitration, would not always be in the interests of the Organization.

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.

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

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.

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.

Effect of an arbitration agreement

(b) the arbitration procedure or

UNCITRAL Model Arbitration Law (MAL)

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UNCITRAL Model Arbitration Law (MAL)

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 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.

There must also be access to a swift arbitration procedure by a national arbitration committee in the event of conflicts revolving around the au pair contract.

Any dispute between two or more States Parties concerning the interpretation or application of the present Convention which cannot be settled through negotiation within a reasonable time shall, at the request of one of them, be submitted to arbitration.

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

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.

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