Ppt On Arbitration Agreement

ScopeofArbitrationAgrement – „any dispute arising from or related to the lease between the WTC and TMI“ is not as broad as: „any dispute between them or any claim by any of the parties“ Telecom Italia, SpA v. Wholesale Telecom Corp., 248 F.3d 1109 (11. Cir.2001) – In that case, the Tribunal held that the right to unlawful interference does not be within the scope of the compromise clause contained in the agreement (thefirstone). Mr. Judr. Tereza Kyselovska, Ph.D. ArbitrationAgrement – „Most parties spectreate most international agreements most of the time.“ Prof. Henkin JUDr. Tereza Kyselovska, Ph.D. ScopeofArbitrationAgrement – MultistepDisputeResolutionClauses – Legalfees and costs – Confidentiality – ExpandedJudicialReview – is it possible to waive legal challenges in advance? Renouncement of state immunity – Procedural specification – z.B.

only documents – no final hearing – „fast track“ arbitration – be realistic and determine the consequences if deadlines are not met. Tereza Kyselovska, Ph.D. DraftingEffective and BindingAA – The four objectives of an effective arbitration agreement: – Defining what can be accepted; What are covered. The obligation to settle disputes through arbitration; Reducing dilation to a minimum to avoid differentiating procedures. Arbitration rules; Provide for the recording of the stop. John Townsend, Drafting Arbitration Clauses, Dispute Resolution Journal, Vol.58, No.1, February 2003 JUDr. Dr. Tereza Kyselovska After hearing many arbitration proceedings over the past 30 years, I found Mr. Schwartz`s presentation on the development of dispute resolution clauses on the point so relevant. Doctrineofseparability – Arbitrationclauseisvalid, evenifthemaincontractisinfoet invalid – UNCITRAL Model Law, Art.

16: The Arbitral Tribunal may rule on its own jurisdiction, including any objection to the existence or validity of the arbitration agreement. To this end, a compromise clause that is part of a contract is treated as an agreement independent of other contractual terms. A decision of the Court of Arbitration that the contract is void does not include ipso swears that the compromise clause is null and void.

Comments are closed.

Post Navigation