Arbitration Agreement Is Made Between Only

By on 11 September 2021.

After analysis by the governing authorities, the Tribunal was satisfied that there is a presumption that, if the parties repeat an arbitration clause, they intend to determine all their material disputes by arbitration. The Tribunal found that the arbitration clause provided that “any dispute” would be referred to arbitration and that it was broad enough to cover all issues raised between the parties to the proceedings as they stood. If the parties had intended to refer some disputes to arbitration, but others would have been the subject of legal proceedings, they would have stated so in the contract. The third article in the “IA Fundamentals” series discussed the legal framework for international commercial arbitration on the basis of the New York Agreement. English law. It was argued that, in that case, the seat should be ignored because it was agreed without real authority. . . .

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