Chapter 7 - The Arbitration Agreement - International Arbitration Law And Practice, Third Edition

Author(s):

Mauro Rubino-Sammartano

Page Count:

114 pages

Media Description:

1 PDF Download

Published:

January, 2014

Practice Areas:

Agreement to Arbitrate,

Operation and Effects,

Contents of Arbitration Agreement,

Separability,

Termination

Author Detail:

Mauro Rubino-Sammartano is a Partner at LawFed-BRSA. Mr. Rubino-Sammartano is currently the President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East. He is also an associate member, as Italian advocate of Littleton Chambers in London. Mr. Rubino-Sammartano has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings. His practice is largely based on international and national litigation and arbitration in the field of contracts, construction law, mergers and acquisitions, sales of goods, joint ventures and interlocutory injunctions.

PDF502.5 KB

$40.00

Description:

Originally from International Arbitration Law and Practice, Third Edition

7.1. The Arbitration Agreement, the Contract with the Arbitrators, and the Contract to Administer the Proceedings

The arbitration agreement stands apart from the contract with the arbitrator and from the contract to administer the proceedings.1

As discussed earlier, the agreement to refer a dispute to arbitration, whether a submission agreement or a pre-existing arbitration clause, has the scope to refer to arbitration those disputes that respectively have already arisen or that may arise. It has been correctly pointed out2 that “it is not necessary for parties to use the words ‘arbitration’ or ‘arbitrator’ in order to create an arbitration agreement.”

The arbitrator’s jurisdiction is limited, as clearly pointed out by U.S. Federal jurisdiction, in Natural Resources3 to “actual cases or controversies.”

As affirmed in Nippon4 “A dispute implies an assertion of a right and a repudiation thereof by another party.”

Table of Contents:

CHAPTER 7: THE ARBITRATION AGREEMENT

Distinctions
7.1 The Arbitration Agreement, the Contract with the Arbitrators and the Contract to Administer the Proceedings

The Formation of the Agreement
7.2 Unilateral and Optional Clauses

The Parties
7.3 Capacity of the Parties

Form and Contents
7.4 Form Requirements
7.5 Non Signatories
7.6 Strings Contracts
7.7 Contents
7.8 Interpretation of the Arbitration Agreement

Duty to Cooperate
7.9 Duty to Cooperate

Separability
7.10 Autonomy – Separability

The Applicable Law
7.11 The Applicable Law
7.12 Validity of the Arbitration Agreement – The French Limit

Time Limit
7.13 Time Limit to Enter into an Arbitration Agreement – Inertia of the Parties – Forum Prorogatum

Effects
7.14 Positive and Negative Effects

Conditions
7.15 Conditions Precedent

Waiver
7.16 Waiver

Termination
7.17 Expiry, Impossibility and Termination

Remedies for Invalidity
7.18 Remedies for Invalidity

Consummation of the Right to Arbitrate
7.19 Consummation of the Right to Arbitrate

Loss of Effects
7.20 Loss of Effects if a Public Body Takes over the Position of a Contracting Party