Conditions Required For The Validity Of An Arbitration Agreement

Spain – DJ The only formal condition is that the arbitration agreement be written. This can be done through an exchange of mail and email or a specific contract, but it must be written down. There are no mandatory requirements for the agreement, except that the parties must agree to choose the law applicable to the dispute. One of the main features of the scheme is that all financial institutions accredited by the Hong Kong Monetary Authority or licensed/registered by the Securities and Futures Commission of Hong Kong are required to join the system as members. France – McC French law distinguishes between national and international arbitration. The arbitration clause must be punctuated in writing in a domestic dispute, whereas in international arbitration, the agreement can be proven by any means. France is part of the New York convention and is described as simply friendly. There are few binding rules: respect for equality between the parties and respect for the contradictory principle, the obligation to take commercial practices into account and respect for international public order. There is nothing in Cl 30.5 (a) to indicate the primacy of a dispute arbitration procedure or that the party moving first is imposed on the party moving last.

In order to read as a right to force arbitration, it should be either on a first pass from the basis of the post with the person who, for arbitration, beats the party who is running into a dispute, or Schieds must impose himself, even if the other party is sued first. I find it difficult to attribute the intention to the parties to do so because they are not satisfactory. The first encourages a race and the second results in the unsatisfactory consequence that the party that decides to fight would have taken a step that it had to take at that time, but that it would be punished if the other had subsequently chosen an arbitration procedure; See InfraShore Pty Ltd/Health Administration Corporation [2015] NSWSC 736. In the case of international commercial arbitration, in addition to the above: This case is a welcome confirmation of the application of the principle of jurisdiction in cases where the existence of the arbitration agreement is disputed.

136
Share: